Legal Question in Real Estate Law in Florida
Changing over Title on home
My Father passed away last year, leaving a will and a mobile home. I was appointed his representative but never went to probate to make that legal. We have been paying his mortgage since he has passed and now need to change the name on the title because insurance companies wont renew the homeowners insurance until this is done. What is the easiest and least expensive way of doing this? My two other sisters and I are in agreement with everything that we are doing with his home. We need to do this asap since his homeowners insurance expires in January. Thank You.
4 Answers from Attorneys
Re: Changing over Title on home
First of all, if there is a will it is a criminal offense if you do not file the will with the court in the county in which your father lived within 6 mos. of his death. This is to prevent fraud. Neither the title companies, nor the recorder of deeds in your county, will not accept the filing of the deed with out probate. You MUST hire a lawyer IMMEDIATELY. Please call 773-237-3516
Re: Changing over Title on home
I don't know where you are; i.e., in what county you live in. But mobile homes are not real property, but personal. Nevertheless, you need to file the will, and then file a petition to probate the will. You will have to obtain permission from the court. This can be very "technical" for someone who has never done it before. If you live in Cook, DeKalb, Kane, or Du Page County, feel free to contact me again; otherwise, contact your local county bar association for a referral. Gook Luck!
Re: Changing over Title on home
Is there real estate also, or just the mobile home? Was it his home? Are there outstanding creditors? When did he die? Depending on the answers to these questions, it can be done in a matter of weeks, or it can take four months or so. The cost can run from less than $1000 to several thousand. I would be glad to answer your questions on the phone and tell you how long it would take and how much it would cost. I can be reached at 1-800-771-7124.
Re: Changing over Title on home
There is no easy way. You must first probate his will. This may have to be done in Ill. or Florida
depending are the facts involved. Once the Fiduciary has been appointed, they can sign a new deed.