081822_SW_THE ARTS_DIGITAL EDITION
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
For many years I lived in my<br />
parents’ home caring for them until their<br />
deaths. My mother, 90 years old, was<br />
last to die. Months prior to her death<br />
I invited my younger sister to move in<br />
with us to help care for mom because<br />
I was being assigned by my firm to its<br />
North Dakota branch which removed me from Florida for over a year.<br />
During my absence, my sister, without my knowing, took mom to an<br />
attorney to prepare a last will naming her as sole executor and beneficiary<br />
of all mom’s assets other her home and its contents which she named me<br />
as sole beneficiary. Subsequently, she assisted mom in securing a Reverse<br />
Mortgage on her home whereby she received a lump sum of $250,000. She<br />
deposited the money in a joint account in both my mom’s and her names.<br />
Following the funeral, the bank account was closed and I have not seen my<br />
sister since. Meanwhile, I am left with a mortgage on the family home owing<br />
$250,000. This has been the family home for more than 45 years with a<br />
current value of $526,000.<br />
Regardless of my sister’s actions, I do not wish to give up on the family<br />
home, but the mortgage company will not allow me to continue payments.<br />
I have heard a lot of troubling things about Reverse Mortgages and am<br />
worried I can lose the home. How do Reverse Mortgages work and what<br />
must I do to force the company to provide me the balance owed?<br />
No mortgage company is required to speak to anyone other than the<br />
person who signs the mortgage. Understanding probate, most Reverse<br />
Probating Reverse Mortgages<br />
by: Kristen M. Jackson / Attorney<br />
www.SouthwestOrlandoBulletin.com x August 18 — 31, 2022 x 7<br />
Mortgage companies will continue a dialogue with family members<br />
following someone’s death. To guarantee dialog, you must file probate.<br />
Once named as the executor in your mother’s will, by filing probate, the<br />
court will grant you the authority to take over the obligations of your<br />
mother. Once appointed legally by the court, the mortgage company will<br />
notify you of the amount owed on the loan. Unless you have the cash to<br />
pay off the loan you will have to refinance the home with a Traditional<br />
loan.<br />
Reverse Mortgages are available to seniors 62 years of age or<br />
older. Responsibility of paying off the loan is no different than paying off<br />
any type of mortgage. The primary difference between a Traditional<br />
Mortgage and a Reverse Mortgage is that a Traditional requires you to<br />
pay back the loan monthly whereas with a Reverse, repayment generally<br />
occurs within one year after you move out of the property or when you<br />
die. In other words, when your mom died, the entire mortgage amount<br />
became due and family members wishing to save the home have to pay<br />
the entire amount of the outstanding mortgage. If they have insufficient<br />
funds, but wish to keep the property, after it is retitled into another’s<br />
name through probate, they need to refinance the Reverse Mortgage<br />
to pay it off. Be aware, however, it is best to act quickly because interest<br />
accrues the entire time the loan remains outstanding so the balance keeps<br />
rising during this time.<br />
Upon the death of the last parent with a Reverse Mortgage, be sure<br />
to consult with a Probate Attorney if you wish to keep their home.<br />
Legal Areas of Practice<br />
By our Team of<br />
Attorneys<br />
Administrative<br />
Advance Directives<br />
Bankruptcy<br />
Business<br />
Buy / Sell Contracts<br />
Commercial<br />
Contracts<br />
Corporation<br />
Criminal<br />
Employment<br />
Estate Planning<br />
Family Law<br />
Guardianship<br />
Litigation<br />
Last Wills<br />
Medicaid<br />
Powers Of Attorney<br />
Pre-Nuptials<br />
Probate<br />
Real Estate<br />
Special Needs<br />
Title & Closings<br />
Trusts<br />
Trademark<br />
Real Estate<br />
Closings, Title Insurance, Sales & Purchases, Leases, Contract Review,<br />
Contract Preparation<br />
Estate Planning<br />
Wills, Trusts, Probate, Living Wills, Powers of Attorney, Health Care Directives,<br />
Pre-Need Guardians, Trust Administration, Pet (Animal) Trusts<br />
Probate<br />
With or without a Last Will, in order to obtain assets, pay debts and taxes<br />
and distribute remaining assets to the heirs or beneficiaries, the deceased’s<br />
estate requires the assistance of an attorney to manage the court supervised<br />
administration.<br />
Corporation & Business Law<br />
Contracts, Start-ups, Purchase or Sales, Corporations (Inc.), Limited Liability<br />
Companies (LLC’s), Trademarks, Copyrights, Franchise Agreements<br />
(407)363-9020<br />
www.JacksonLawPA.com<br />
Offices: Orlando<br />
Credit Cards Accepted<br />
Kristen Jackson<br />
Attorney At Law