Legal Question in Wills and Trusts in Florida
Mobile home in deceased husbands name. Now insurance problems
My husband died almost 2 years ago. Mobile home was in his name only(because of my credit) I moved out, but the kids stayed and continue to pay the morgage. Green tree finance told us to just keep paying, and after it is paid off I could just have it changed into my name. (If I have POA) Well now there is quite a bit of damage because of Hurricane Charley. The insurance company says the check will be made out to My husband and the finance company. The insurance company says its up to the finance company and the finance company says that I should fax a copy of the death certificate to the insurance. I am so lost. How will I get the mobile home fixed? (roof and ceiling) How do I get the mobile home switched to my name? How do I get POA. My husband had no will and didn't own anything else beside the mobile home. He doesn't own the land either. Please Help
3 Answers from Attorneys
Re: Mobile home in deceased husbands name. Now insurance problems
You will have to probate the will in the County
he lived in. A small estate summary proceeding will be required. Once appointed personal representative a new check can be drawn to the finance co. and the personal representative of the estate. Good luck.
Re: Mobile home in deceased husbands name. Now insurance problems
Firstly, a POA is not effective when the person is deceased. If the home is not titled in your name nor is it filed as homestead, you will need to initiate probate proceedings. Chances are you are eligibile for Florida's Summary Administration proceedings. Please feel free to contact me directly for further information.
Re: Mobile home in deceased husbands name. Now insurance problems
The Florida Bar has set up a program to help people who need legal services as a direct result of Hurricane Charlie and who cannot afford an attorney. The Florida Bar Number for this program is 1-866-550-2929. Their web site is www.flabar.org. You should be able to use Summary Administration of this estate to move title to your name.
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