Legal Question in Business Law in Florida

As a Franchise Attorney I can say this. If the hot dog cart belonged to you, that's a different story. But if it belonged to your grandmother (or mother) that's different. It's hard to say from what you posted who owns what. If it belongs to your grandmother, and she died without a will, her estate (including all assets) most likely needs to go through probate. Consult with a good estate, business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

Assuming your mother died in Florida, her estate must be probated in order to pass ownership of any of her property. If your grandmother has the capacity, she could be appointed Personal Representative, or you could take on that role.

If your mother did not have a will then in Florida her assets would pass according to the statutes. That means that there is a specific order in which the property will pass. If she was married then her husband may be entitled to a portion of the estate. Next your mother's children. If you are the only child then it is likely that you would be the rightful owner of the property, but you must go through probate to properly administer the estate. There may be creditors who are owed money or claim that they are, and Probate will prevent them from being able to come back years later and make a claim.

If your mother died in Florida, or if her property was located in Florida, you need to contact a Florida probate attorney to help you out. Our office handles probate in most areas of the state. If you would like to follow up with us please feel free to do so.