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How do i collect a loan from a deceased Florida resident ? Is there a time limit?

Stony Brook, NY |

I have a loan agreement attached to a second mortgage in New Jersey. My brother the borrower lived in Florida and has passed away . His Florida home is being sold by his heirs . Is there a time limit on petitioning monies to the estate? Or is my only hope to wait until the house in NJ which is not being sold. Heirs are trying to obtain it in a short sale from the first mortgagor? How do I collect from the proceeds of the Florida home?

I have had conversation with the heirs and verbally spoke about the remainder amount i am owed as my brother was sending a very small monthly check and his heirs have continued with the same amount each month. Is a verbal statement acceptable in estate settlements? Does that qualify me as a requested lender to his estate?

Attorney Answers 3


  1. Re-post your question on Avvo's Florida page. You likely need to file a claim in the probate court.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. You will want to file a claim with the executor of the estate.

    Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.


  3. What happens in Florida stays in Florida. Contact an attorney in Florida with respect to the estate.
    Similarly, what happens in Jersey stays in Jersey. Speak to counsel in Jersey regarding the mortgage.

    Good luck.

    I may be guessing or not licensed in your state. No atty/client relationship exists.

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