Legal Question in Wills and Trusts in Florida
Lot rent responsibililty upon death of owner of mobile home
My sister died intestate in Florida. My parents need to know if they are in any way legally responsible for her lot rent. She owns a mobile home in a park, that is in disrepair and will be difficult if not impossible to sell. Meanwhile, the lot rents are due. Can my parents just walk away?
3 Answers from Attorneys
Re: Lot rent responsibililty upon death of owner of mobile home
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Your parents and other family members have no responsibility for unpaid debts of your sister. That being said, if she had any other assets, your family might wish to negotiate with the owners of the park to turn over the trailer to them in lieu of pursing any debt owed to them. An estate would need to be filed in Florida and the Personal Representative can execute the instruments for the transfer. All other assets, if any, can then be distributed according to Florida law.
Scott R. Jay, Esq.
Re: Lot rent responsibililty upon death of owner of mobile home
Yes. Her estate, if any, is responsbile for debts.
Re: Lot rent responsibililty upon death of owner of mobile home
Your sister's debts are hers alone and not your parents. If your sister's estate is insolvent, meaning ther is no money to pay her debts, her estate can be probated on an insolvent basis with the creditors being notified that there is no money to pay the debts.