What do I do if my husband passed away and left property to me that and I need to get put into my name but I have no money?

UPDATED: Oct 1, 2022

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What do I do if my husband passed away and left property to me that and I need to get put into my name but I have no money?

He left everything to me in his Will. I’m in the process of filing for disability.

Asked on March 6, 2018 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss and for the situation.  What are you concerned about here?  Is it the issue with the financing (the mortgage) or is it just making sure that the property is placed in your name?  For now, until you get on your feet and are getting in some funds to have an attorney help you, make sure that all payments are up to date on the property.  You need to file a Probate Petition to submit the Will for Probate and be able to have the executor transfer the ownership of the property to you via Executor's deed.  Understand that you do not have to refinance the property in to your name if it was left to you via Will, unless you wish to refinance it.  It does not trigger the due on sale clause.  Good luck. 

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