Legal Question in Wills and Trusts in Florida
My Father passed away on 2/7/11 He has a automobile financed in his name through a local banck.
The vehicle is not part of the will. Is it legal for my sister to take over payments without re-financing the automobile in her name? Also what would you do with the registration and insurance on the automobile if it is legal?
2 Answers from Attorneys
She can if she plans to pay for it. She can take the death certificate to the tax assessor's office and they will issue the title and registration in her name and yours. You will then need to release it to her.
and any other siblings as well.
Although the will may not specify disposition of the auto, a typical will has language such as "all my residual property is given to . . . ." Therefore, the will likely governs disposition of the auto. Your sister should not take over payments without making certain she is consistent with the expressed intentions of her father re the auto, discussing refinancing with the bank, and contacting the DMV re their rules for transfer of the registration. Premiums of insurance should be discontinued since they are an obligation of your father's estate. The Personal Representative appointed in the will should coordinate and manage such procedures. This advice is based on my understanding of the facts as described. It is necessary to review the will in detail to provide specific advice.