Legal Question in Wills and Trusts in Florida

My parents have both passed. I am the only living child and was named the personal representative in the wills. They owned a mobile home and still owe money on it. I want to sell it without having to go through probate. What do I need to do? The home is in an adult community in Florida and I live in CA. Thank you


Asked on 8/17/10, 12:17 pm

1 Answer from Attorneys

Couple of points as to whether you move forward or not, and what procedure:

1) Is there any equity in it to make it worth while to pursue? If not, then just forget about it.

2) Is there an RP sticker on it? RP means it is like real property. My educated guess is not since you didn't say anything about owning the land below it. If not, then it is treated like a car.

If it is worth it, and there is not a RP sticker, then it can be transferred through an Florida Auto Tag store, and doesn't have to go through probate. The problem is that the lender holds the certificate of title on it, and you will have to contact them over it. So you will have to make some phone calls, and you may need to update your question after getting more information.

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Answered on 8/22/10, 12:28 pm


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