Q: In Florida, can a writ of replevin be served on a deceased person?
Bank is trying to repossess deceased mother's manufactured home. She was placed in nursing home for dementia and ceased payments. I am disabled and moved out of home at that time but still live on property. 6 months later mom passed away. One month after that a writ of replevin was served to this address to her name and unknown tenants. The home loan was not attached to the land which I now own. I would like to keep the home but am disabled and can not afford the amount the bank says I have to pay within 60 days to get the title.
A: No, the summons cannot be served on her if she is dead. You might want to contact an attorney to quash the service, but that would merely give you slightly more time, perhaps.
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