Hi, do i need a certificate of estate executor without a will?

My father purchase a home on 2003 and passed on 2004 i have a recorded deed for joint teneacy with rights to survivorhsip. The house is in forclosure and i want to speak with the bank and they will not allow me because i am not on the mortgage. The first rep said i needed a lawyer to clarify what i was stating, the second rep said i need an executor of estate. I was reading about this and apparently this is only for people that have wills. I don't have a will. I am the only duaghter, i am listed on the title and want to find out if any goverment programs now help me save this house. I paid it up untill 2008 it went from $744 to $1800 and i was never able to make any arraignments because i am not on the mortgage. Do you think i have any hope???

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Answers (2)

Mindy Stein

Mindy Stein

Contributor Level 3
Even if your father died without a will, you can still be appointed Personal Representative of his estate in an intestacy proceeding. Depending on the size of your father's estate, you may be able to file an abbreviated probate proceeding called a Summary Administration. It is also possible that a probate proceeding will not be necessary. I recommend that you consult with a Florida probate attorney to assess your particular circumstances and the assets and liabilities of your father's estate. The attorney will help you determine whether a probate administration is absolutely required.
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David Michael Goldman

David Michael Goldman

Contributor Level 7
You should contact a Florida Probate lawyer to review the documents and the need for a probate to resolve this issue. You might also contact someone who does foreclosure defense and or loan modifications in Florida.


David Goldman
Apple Law Firm PLLC
331 East Monroe Street
Jacksonville, FL 32202

Tel (904) 685-1200 Fax (904) 212-0678

http://www.JacksonvilleLawyer.pro/
http://www.GunTrustLawyer.com/
http://www.FloridaEstatePlanningLawyerBlog.com/
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