Legal Question in Wills and Trusts in Florida
Who's responsible
My father has recently passed away. He owns 3 vehicle in his name alone. What happens to these vehicles? Will my mother be responsible for them even though her name is not on them? There was no will. He had nothing else in his name. Do we have to notify the finance companies?
2 Answers from Attorneys
Re: Who's responsible
If your mother wants the cars then title must be transferred to her. The finance companies will have to be notified and a personal representative appointed for the estate. If she does not want the cars, call the finance company to see if they will take back the cars. Good luck.
Re: Who's responsible
Under Florida law, all automobiles regularly used by the decedent or the family are exempt from creditors claims. Note that they have to have been "regularly used." Your mother can thus take title of such automobiles. The personal representative of the estate, who will be appointed once you begin administration of the estate with the court, will still have to notify the finance company because they are creditors and have a right to know that your father's estate is under administration.
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