Probate
My granfather passed away and left my aunt in charge of his possesions. She gave me his mobile home and I would like to sell it but she never put anything in my name and wont give me a straight answer as to when she will. Is there a way I can do this on my own without her?
Re: Probate
No; that would be theft. You will need her assistance to legally transfer title to you.
David W. Nance
DWNance.com founding member of NanceGroup.com
5700 Magazine Street
New Orleans, LA 70115
Re: Probate
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Yes. You can file the probate but your aunt would still be the likely candidate to serve as the Personal Representative of the estate. Unless the trailer was left to you by your grandfather, by doing this, you run the risk of irritating your aunt so that she changes her mind about giving you the trailer.
Alternatively, you should sit down with your aunt and explain the tax advantages available to you if you can claim the trailer as your homestead. Given the right circumstances, she should understand and agree to work with you in opening the estate and formally transferring title to you.
Scott R. Jay, Esq.
Scott R. Jay
Law Offices of Scott R. Jay
1575 Northeast 205th Street
Miami, FL 33179-2133