Legal Question in Wills and Trusts in Florida

decease auto

my brother pass away the auto he had in his and someone else name he left no will who is the owner of the auto now?


Asked on 5/25/07, 8:19 am

3 Answers from Attorneys

Matthew Weidner Matthew D. Weidner, P.A.

Re: decease auto

The following is not legal advice and nothing herein creates an attorney/client relationship.

You should consult with an attorney to determine if an estate must be opened up and who may be a beneficiary under the laws of intestate succession.

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Answered on 5/25/07, 10:03 am

Re: decease auto

If the the names on the title to the car are set forth as "A or B" the survivor has a right to the auto. If the title is set for "A and B" then the estate of the deceased would have a claim on half the value and probate would be required to sell the car. This is an issue you may want to speak directly to an attorney about.

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Answered on 5/26/07, 2:22 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: decease auto

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the car was in two names, the surviving party is now the sole owner.

Scott R. Jay, Esq.

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Answered on 5/25/07, 11:03 am


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