Legal Question in Real Estate Law in Florida

surviving spouse and personal use automobile

I saw on one of your answers to someone else that the surviving spouse is entitled to the personal use automoble. When my father passed away, I took the will to an attny. He told me that the ''codicil'' that he left was not valid because it did not have 2 signatures on it. (it was notorized) It said that the automobile and the furniture go to his wife. in the will he left the house and residual estate to my sister and I. and specified that he made no provisions for his wife (my step mother) I am the PR so I took the will to DMV and they told me according to the will the auto could be transferred to mine and my sisters name, so we did that. My sister is also trying to dispute my step mother taking the furniture. I believe that the auto should have gone to her but now it is in our name. and i believe she should have the furniture. the will did say he had a memorandum, which i take to be that paper saying she gets the auto and furniture, and i think it should be valid. my sister will not agree to sign the auto back over to my step mother. my step mother won't fight or go to court etc. Is there anything I can do as the PR to force my sister to sign the auto back over to my step mother? thank you for your help.


Asked on 7/16/03, 12:34 am

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: surviving spouse and personal use automobile

You already received advice from an attorney who had the opportunity to review the appropriate documents. Accordinly, I would be remiss to give any advice without the like opportunity.

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Answered on 7/19/03, 3:50 pm


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