One of the most complex questions is what to do when you inherit the property with siblings. House Heroes advises about selling a house in Palm Bay or other cities in Florida. Here’s what you need to know about selling an inherited house in Florida with siblings and how to handle these processes right.
Types of Home Inheritances
Inheriting a house may seem pretty straightforward, but the reality is a bit different. Various types of inheritances can impact how you will proceed to the sale of the property: will inheritance, deed inheritance, and trust inheritance.
A will inheritance is what most people envision when thinking of inheritance. The property owner leaves the house to you and your siblings in the written will.
A deed inheritance is also known as a “Title by Contract,” this relates to mortgages that have beneficiaries listed to inhere the property in the event of the contract holder’s death. The beneficiary is known as a “Remainderman.”
A trust inheritance means that you and your siblings are entitled to the house after a certain period of time.
It’s worth hiring an attorney to navigate inheritance processes, as they can be very complex and demanding.
Understanding Inherited Ownership
When you inherit a house with your siblings, the law dictates that you share ownership equally.
This means that you and your siblings will be equally responsible for any possible outstanding liabilities and debts (i.e., the mortgage and property taxes) — especially if there’s no life insurance to cover the outstanding mortgage — even if you have different income levels. When navigating the process, it’s worth getting professional legal and accounting advice as individuals.
It’s also important to note that you can’t sell an inherited house without agreement from all of the listed beneficiaries. You may require legal intervention before listing the house if a sibling pushes back.
Dealing with An Outstanding Mortgage
Getting mortgage insurance is one of the best things a homeowner can do to protect their family should death occur— unfortunately, many refuse this coverage. The costs are covered when mortgage protection is in place, and the beneficiaries don’t have to worry about paying it off.
What if the owner didn’t have mortgage insurance or life insurance to cover the mortgage?
Rest assured that a mortgage lender cannot demand the entire mortgage in a lump sum from the beneficiaries of inheritance under federal law. In some state laws, there are even protections in place to give beneficiaries the right to walk away from an inheritance with a mortgage without the bank being able to go after their personal assets.
Selling a house in Florida can be complex so hiring a professional attorney, and consulting with a skilled accountant is essential. Many inheritances in Florida must go through probate court to ensure the proper transfer of a title deed. It’s always better to invest in an expert than trying to save money with your siblings by handling things yourselves.