My name is still on the mortgage and ex husband is dead.

Asked 6 months ago - Jacksonville, FL

Do I need to do a name change and assumption paperwork to make an acclaim on the estate.. relation to the my name is still on the mortgage question.

Attorney answers (3)

  1. David Lloyd Merrill


    Contributor Level 14


    Lawyers agree

    Answered . There are three documents you need to find out about in order to properly answer your question. They are the NOTE, the MORTGAGE and the DEED. A lot of people lump all of these together and call them the MORTGAGE, but that's not legally accurate, and what you are still on will make a lot of difference to how you should go about solving your issue. The real question here is whether your name is still on the DEED, which is the document that says who owns the property. The mortgage, which is the document that secures the note is, by itself, not the big issue for you. The problem document for you is most likely the NOTE, which is the document that says you owe money to whomever (or whatever) lent you the money. Also I think what you more likely need in this situation is a qualified probate attorney, so I will add that new category to what you have already. I believe you should gather the three documents, then visit a qualified probate lawyer right away -- there are timeframes than can affect your rights in probate-related matters.


  2. Cheryl Rivera Smith

    Contributor Level 20


    Lawyers agree

    Answered . Mr. Merrill is correct. You need a consultation with a local probate attorney to discuss the specifics and ascertain where exactly you stand. Use the attorney search here in AVVO or try the Florida Bar Association. Best of luck.

    Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature... more
  3. Kenneth Mac Bracewell Jr.

    Contributor Level 9


    Lawyer agrees

    Answered . Both answers are correct - you need the help of an attorney. Your potential right to the property and your potential obligation to the lender are two separate issues. There may be other issues of concern based on facts we cannot know without more information. Good luck!

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