Many Florida estates include primary residences, vacation homes, vacant land, or other types of real estate. Many times, these estates must go through the probate process, which can be long and complicated. Heirs need to protect the estate’s assets during this process to protect their inheritance. Here are some responsibilities to take care of while the probate case is pending:
Pay the Mortgage
If the deceased had a mortgage on the property, mortgage payments should continue to be paid until ownership has been transferred to the heirs in order to prevent foreclosure. Only the borrower who signed the promissory note is personally liable for the debt, however, a mortgage lender can still foreclose on the property to collect on its debt even if one or more of the borrowers are deceased.
Tend to the Utilities
While it might be tempting to reduce costs by cutting off the utilities, this can cause issues to arise with the property and decrease its value. The humidity in Florida can cause many issues to the property, including the buildup of mold or mildew, which can be much more expensive to remediate than simply keeping the utilities on. If the property is in North Florida and a cold spell comes through, consider taking steps to prevent the pipes from freezing.
Pay Other Bills
If the funds in the probate estate cannot be accessed yet or if the estate does not have sufficient funds to pay other bills, the heirs or personal representative should step in to do so to avoid late fees and other penalties. Other expenses may include condominium maintenance dues, homeowner’s association fees, property taxes, or other upkeep costs. In Florida, condominium and homeowner’s associations can also foreclose on a property if the association dues are not being paid.
Secure the Home
If the property is not going to be occupied during the probate process, you may need to safely secure it by adding locks, gates, or a security system. This could prevent squatters from taking up residence in the unoccupied property, which can sometimes allow them to establish legal rights to the property.
Maintain Insurance
Check the homeowner’s insurance to make sure the property is covered. It’s possible the deceased may have let the policy lapse before their death. You may even want to purchase additional insurance to protect against potential losses caused by hurricanes, flood damage, wind damage, fire, or theft. This may involve obtaining additional policies on the property other than the main homeowner’s insurance policy.
Some homeowner’s insurance policies will not cover unoccupied properties, so you might consider asking someone to occupy the property during the process, such as a short-term tenant, family member, or friend.
Complete Maintenance and Repairs
Unoccupied properties can sometimes become an eyesore for others, leading to potential code violations. If problems are not quickly remedied, the city or county can place an enforcement lien against the property to recoup costs it paid to remediate the problem. This can lead to additional stressors that add expense, time, and complications to the probate process.
You can avoid these issues by completing regular upkeep on the property. Keep the lawn maintained. You may be able to continue using the same yard service provider the decedent contracted with before their death. Do not allow trash to accumulate on the property. Clear the yard of debris. Maintain the exterior of the home.
If any necessary repairs need to be made to the property, make them. You could be held responsible for accidents caused by dangerous conditions on the property. Place warning signs, as necessary.
If paying the expenses of the property and upkeep is an issue, there are ways to sell probate property during the probate, including obtaining court authorization of the sale. Contact us for more information on that.
Contact Farshchian Law for Legal Advice and Assistance During the Probate Process
If you have been appointed the personal representative of an estate or are an heir who is in the process of inheriting real property, the legal team at Farshchian Law can help. Our team can guide you through the probate process and protect your interests.
Schedule a free consultation with an experienced Florida probate and real estate attorney at Farshchian Law by calling (800) 604-1871 or email us via our secure online contact form. We provide probate, real estate, and title/closing services throughout the State of Florida.