Tampa, FL asked in Probate for Florida

Q: Mother passed away in Pennsylvania. She was on medicaid medicare social security.

She owned only a bank account worth 5600.00 and a vehicle worth about 6,000.00. My son is executor and heir. We presently have vehicle in a storage unit but would like to transfer title to my son so we can relocate vehicle to Florida where we all live. I have no one close to check on it in Pa. We have put insurance on it already to protect against theft. Can my son do this?

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1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Probate Lawyer
  • Fort Lauderdale, FL

A: Sorry for the loss of your mother.

You did not indicate whether your mother was a resident of Pennsylvania, where the car is registered or whether your son has been appointed personal representative or just named in a will.

In Florida the car is exempt homestead property and can be transferred relatively easily with a copy of the death certificate and a copy of the will by going to a tag agency. I do not know what the requirements are if this is a Pennsylvania registered vehicle.

You can go the Florida Department of Highway Safety and Motor Vehicles website to get a phone number to find out what the exact requirements are in the vehicle is registered in Pennsylvania, so you can transfer the title and relocate it to Florida before the storage charges mount.

As far as the money in the bank there may be a lien for medicaid recovery, so you will need to speak to a probate attorney in Pennsylvania if that is where she was a resident. If a family member claims the money and receives that person may be responsible for the lien if there is one. Normally the lien does not attach to exempt property.

Lauren Nagel Richardson agrees with this answer

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