Foreclosures and Florida Estate Litigation

What does a foreclosure have to do with estate litigation? Why would Palm Beach probate lawyers be involved in a dispute with a bank regarding a foreclosure? In Florida, when someone dies, can that person’s estate be substituted as the defendant? You may want to read a recent Second DCA opinion.

Foreclosures and Estates

Did you know that estate assets may be subject to a mortgage or secured instrument. The house in the estate may be subject to foreclosure. Just because an estate is in probate, or funds are held in trust, does not mean that a probate litigation attorney cannot foreclose on the asset. Assets can be foreclosed upon if you, as the Florida personal representative, are not taking care to pay the creditor. Furthermore, if the decedent was involved in a foreclosure action, the estate will take the decedent’s place as the defendant. Therefore, the house which you thought you would inherit as a beneficiary may actually not remain as part of the estate. Want to learn more? Check out a January 18,2017 Second DCA opinion, The Bank of New York Mellon v. Estate of James D. Peterson, by clicking here.