Location: Florida
Earlier this year my MIL passed away from pancreatic cancer. It’s been tough on us but we are all grieving together. Except my wife’s step father that is. I won’t go crazy into details and get straight to the point here. I read that in the state of Florida that if a person with kids from a different relationship passes away, the surviving spouse gets 50% of the inheritance and the other 50% gets divided amongst the children. Now he said that he took my MIL off of the mortgage and it’s just his name. I’m not sure if this was done after her death or just before it but is that legal? If he is the only one on the mortgage even though they initially went into it together does he now inherit everything? He wants to move in his new girl already not even a half a year later and if we technically own half of the estate we want him to buy the other 50% from us, if that makes sense? We just aren’t sure what to do and we will consult a lawyer soon but I’d love to hear any insight from anyone who may have gone through this before and have any advice or tips on how to handle all of this.
TIA
Comments
Not your lawyer. Deed is recorded with the county and has the names property owners. Mortgage is recorded with county and has the name of people who owe money on the property. Removing MIL from mortgage does not transfer ownership of the property. You need to get a probate lawyer to assess and assert your wife’s rights in the property.