Legal Question in Wills and Trusts in Florida

Florida probate inventory asset?

When creating an inventory of legal assets for probate in Florida, who, if anyone, verifies that the listed items on the inventory are indeed legal probate assets? A couple gets divorced and a judge orders in the decree the vehicle that is financed in both names is to be refinanced into the wife's sole name. Before she is able to refinace and relieve the ex-husband of the shared obligation, she dies unexpectedly. Can this vehicle be claimed as a legal probate asset by the wife's estate, even though the ex-husband is still responsible for the lien?

I would greatly appreciate any information you can provide. Kind Regards!


Asked on 7/19/00, 9:51 pm

1 Answer from Attorneys

Joel Cohen Joel M. Cohen,P.A.

Re: Florida probate inventory asset?

THE PERSONAL REPRESENTITIVE DESIGNATED IN HER WILL OR OTHERWISE, SHOULD BE APPOINTED BY THE COURT HAS THE REWSPONSIBILITY TO COLLECT THE

ASSETS. THOSE ASSETS INCLUDE THE VEHICLE TRANSFERRED BY THE FINAL JUDGMENT OF DIVORCE. THE PERSONAL REP ALSO HAS THE RIGHT TO BRING ANY ENFORCMENT ACTION AGAINST THE RECALCITRANT FORMER SPOUSE. JMC

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Answered on 9/11/00, 6:38 pm


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