Legal Question in Wills and Trusts in Florida

Both parents deceased, kids have sold mobile home

Mobile home was titled in Dad's OR Mom's name. Both are now deceased. Left to children in will. Children have signed Bill of Sale & title over to a third party purchaser for $12,000 & money was split equally among children. No other assets. No known creditors. Is this a legal sale? Is probate necessary? Does will still need to be filed?


Asked on 3/11/09, 5:49 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

Re: Both parents deceased, kids have sold mobile home

Original wills should be filed with the Clerk of Court regardless of whether there is a probate (this doesn't cost anything.) If you were able to sign over title (if the new title has been issued in the name of the purchaser's) you won't need to file a probate.

Read more
Answered on 3/12/09, 1:59 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Both parents deceased, kids have sold mobile home

In California, probate is not usually required for mobile homes, nor for estates with less than $100,000 in assets, so it sounds like the sale was legal.

The law also requires filing of the will with the court clerk in the county of the decedents' residence, so this should be done.

Read more
Answered on 3/12/09, 1:26 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida