Legal Question in Wills and Trusts in Florida

My stepmother never transferred the certificate of title to my father's truck into her name after his death in September 2011. She passed away in February 2012. My father was a Florida resident, as well as myself and brother. She was a New Jersey resident, as is her daughter. Who is the legal heir(s) to the vehicle, as my father's name is still on the certificate of title and died intestate?


Asked on 7/10/12, 3:33 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Since title remains in his name Estate you would need to be filed for him. The problem then is that the stepmother who died after him technically owned the truck or, at least, an intestate portion of the truck. Under Florida Statutes this is 50% of the assets. The remaining 50% transfer to his heirs, his children who were not her progeny. I have no opinion on the succession of her interest as that would be under New Jersey law. Going to be a complicated mess frankly and may not be cost effective.

You may want to try and see if the DMV with death certificates of both of them will just reissue the title in your name as his surviving heir. Just a thought.

Read more
Answered on 7/10/12, 4:05 pm


Related Questions & Answers

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