Legal Question in Real Estate Law in Florida

Re: Probate

No; that would be theft. You will need her assistance to legally transfer title to you.

Re: Probate

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Yes. You can file the probate but your aunt would still be the likely candidate to serve as the Personal Representative of the estate. Unless the trailer was left to you by your grandfather, by doing this, you run the risk of irritating your aunt so that she changes her mind about giving you the trailer.

Alternatively, you should sit down with your aunt and explain the tax advantages available to you if you can claim the trailer as your homestead. Given the right circumstances, she should understand and agree to work with you in opening the estate and formally transferring title to you.

Scott R. Jay, Esq.