Legal Question in Civil Litigation in Florida

Had a tenant who got sick and went to hospital. Was paying only a portion of his rent per mo. Total is now 7,300.00.The person has passed away. His Class A RV title has his name and his estranged wifes name on it. First contact with wife and she said outright she wanted her camper back and was going to pay no money.

Should I file claim in small claims court.


Asked on 10/02/19, 8:24 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Until there is an estate open there is no one to sue. You can open the estate and then file a claim in the estate, but then you need an administrator ad litem. Depending on how the RV is titled, it may not even pass through the estate.

My bet is that this is a dry hole and you would be better off just walking away from this and moving on the bigger and better projects

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Answered on 10/02/19, 8:30 am


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