My grandmother died, no will, I am in her house, how long before I have to move?

UPDATED: Sep 30, 2022

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My grandmother died, no will, I am in her house, how long before I have to move?

I live in Florida. My dad is the only living child, he does not want the house. I am living in her house with my family. I cannot afford the mortgage so I will have to find somewhere else to live. How long will the process of foreclosure take before they will force me out? Am I considered a squatter if my name is not on the mortgage but living in the house?

Asked on June 12, 2016 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you have no right to the home--including to live in it--if you are not on the deed/title to the home and if you have not inherited it. Even if you did inherit it, if you don't pay the mortgage off in full, the bank can foreclose. So on the balance, it is highly likely that you will have no rights in or to the home and will not be allowed to stay there.
However, in your state, the foreclosure process can take well over a year, so nothing is likely to imminently occur, and you will have plenty of warning/notice when it does.

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