Legal Question in Wills and Trusts in Florida

My significant other passed away Feb. 16th., INTESTATE.
His mother is Next-of-kin.
She lives in Ct., has taken no legal action on his affairs.
His vehicle is in "our" driveway, has been since he passed.
It is in his name only.
The mother is aware I am paying/have always paid the insurance on the vehicle. I have also told her that this is my only transportation.
I have asked her to take care of his vehicle and personal affects, that I could not afford to stay in the house.
She has done nothing, I HAVE to move May 1st. Since we knew no one else in Florida, I was moving Up North where I'm from.
***I have the keys, the title and the vehicle.
Since I've always had use of the vehicle, it was OUR household vehicle.
Would it be illegal to drive it Up North?
She is not answering my calls or emails, the title is still in his name.

Asked on 4/27/15, 3:53 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

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Since you have possession, it would not be illegal. However, you are not the owner and cannot obtain title unless the estate can arrange.

Answered on 4/27/15, 4:12 pm

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Barry Stein De Cardenas, Freixas, Stein & Zachary

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Are you listed as a driver and is the insurance up to date? If so, you should not have any problems. You could pursue the probate estate to clear title on the car if you wanted. Not sure if the value of the car is more than the cost of the probate or less. You should seek some legal advice on that.

Answered on 4/27/15, 4:13 pm

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