Full question:
My father signed a note and had it notarized giving me his car and boats before he died. Is this legal? Can I go and request new titles in my name so I can sell them?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Florida
Answer:
Your father likely intended to gift you the vehicles, but if the titles were not transferred to your name before his death, you may need to go through probate to have them legally transferred. In Florida, a gift requires delivery by the donor and acceptance by the recipient to be valid. If the title remains in your father's name, probate may be necessary unless he had a will that specifies the transfer.
If your father's estate is small, meaning the total assets do not exceed the sum of funeral and medical expenses, a small estate affidavit might be used. This affidavit can help collect debts owed to the deceased and facilitate the transfer of assets. It must be filed with the clerk of the court in the county where your father lived and should include information about the estate's assets, liabilities, and heirs (Fla. Stat. § 735.201).
If the estate's value exceeds the medical and funeral expenses but is under $60,000, a summary procedure may be available instead of formal probate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.