Legal Question in Wills and Trusts in Florida

Hospital Bills after Death

My father recently passed away from a sudden heart attack. He died on the way to the hospital. He had no life or medical insurance. We would like to sell the truck he had to try to recover some of the funeral expense. In order to get the title in my name, must I go to probate? If so, can the hospital take the money from the sell to pay thier bill?


Asked on 8/07/07, 11:38 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Hospital Bills after Death

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.

You may be able to get title into your name without probate if you can show the Department of Motor Vehicles that the truck was his only asset. Call them and discuss it. You may also wish to speak with your local probate court as some courts have a method to transfer a vehcile title without filing a probate. Good luck.

Scott R. Jay, Esq.

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Answered on 8/07/07, 12:40 pm

Re: Hospital Bills after Death

You do not need any administration if the only property was the truck and the only bills are the ones mentioned here. In such a case, just take a death certificate to the DMV, sign the back of the title, and fill out the appropriate form(s) they give you to fill out for transfer of title.

If that is not the case but there is little property and no creditors other than the ones mentioned, you can petition for family or summary administration (depending on what the estate qualifies for). Either one is an easy process and this would allow you (and your siblings, if any) to be able to deal with the truck and the bills quickly.

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Answered on 8/07/07, 12:42 pm


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