what to do after probate

[syskjw]

What is the name of your state? Fl
My father had passed away and he had 5 acres of property with 50,000 left on mortgage.
My brother and I went to an attorney for probate there was no will. The property goes to us and a debts are settled. I have been paying the mortgage for the past 4 years. The mortgage is still in fathers name but the homestead is in our names and homeowners insurance and property taxes in our names are being taken out of escrow through the mortgage company. After being here for a while I do not have much use for 5 acres and my neighbor wants to by the property. Can we sell it? The attorney had advised us to just keep paying the mortgage. How difficult would this be with the mortgage being in my fathers name but as far as the countys concern is that we own the property.

 

[lcannister]

The attorney had advised us to just keep paying the mortgage

Why in heck not sell it and pay off the legitimate debt against it?

The attorney had advised us to just keep paying the mortgage. How difficult would this be with the mortgage being in my fathers name but as far as the countys concern is that we own the property.

Better yet what incentive would you have to pay on a debt when you no longer own the property?

Great ploy if we could just all take our mortgages, put the deed in someone elses name then sell it and leave the mortgage company standing while we go out and spend the money then decide to stop paying on that mortgage. See a problem here?