Neptune Beach, FL Estate Planning Law Firms & Lawyers

Technically the lender required both borrowers to be owners if the property at the time the loan was approved and there is typically a clause in the mortgage that says that if the property is transferred to someone other than the borrowers, then the mortgage is due in full. Moreover, the second borrower is still on the hook for the loan, even if you transfer ownership completely to yourself. From a practical point, the lender typically will not default the loan upon transfer as long as it remains current.

There are two separate issues here. First of all, any improvements built on jointly held land belong to the jointly held land. Therefore, I do not understand the circumstances where your husband could build a house in his "name". Perhaps he borrowed the money only under his name, but that does not mean that the house is in his name. Second, in Florida it is sometimes a complex situation as to whether or not a principal residence should be held in a trust or trusts. Opinions differ among attorneys, so I would strongly urge you to consult with competent legal counsel who can evaluate and advise you about your complete estate plan and then give you advice. There are many facts and circumstances that can affect that decision. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.

Probably not, usually the lawyer needs at least to have the death certificate as well as the original Will. He or she may also need you to provide information about interested parties and about assets that pass through probate of the parent who has died.