Wadsworth, OH asked in Probate for Florida

Q: (Florida) Have a car as an asset in probate, nearly paid off (no will) one sibling will not sign off to sell. Any remedy

If we can't sell car, we will lose it, as I can't keep paying on it and insurance.

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: The vehicle should/would be part of a probate. You should speak with a Florida Probate Attorney in order to determine what can and needs to be done. The transfer of the car can usually be accomplished through the DMV directly in limited circumstances in Florida, this does not appear to be the case here and therefore some version of probate will be required. The type of probate will be determined by the type and value of any assets, you should discuss this with a Florida Probate Attorney so that they can better and more precisely advise you on your options. Since one of the siblings is being difficult it is likely that no easy route will work even if it did apply. If this is the only asset, then you have to weigh whether it is even worth the time, effort and headaches, if there is a Homestead and other assets in the name of the deceased, then a probate should be considered and would be required to distribute the assets in accordance with the Florida Intestate Statutes (without a Will).

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