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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 29066
Experience:  30 years experience in the practice of estate law.
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My friends husband died recently. She wants to transfer

Customer Question

My friends husband died recently. She wants to transfer their car title to her name. It was in his name. She lives in Florida. Can she do it without any additional paperwork other than death certificate?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Loren replied 11 months ago.

Good morning. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 11 months ago.

Was there a will?

Customer: replied 11 months ago.

I am sorry, but I am not ready to spend any more money than my membership right now. Thanks

Expert:  Loren replied 11 months ago.

We may continue online, if you wish, at no extra charge. Did your friend's husband leave a last will?

Expert:  Loren replied 11 months ago.

If the decedent's name was on the title alone, and he left a Will, and the Will leaves all personal property to your friend, leaves the car specifically to her, or simply leaves everything to her, she merely needs to take the original title, original Will and a certified copy of the death certificate to the tax collector’s office and they will help her change the title. If the Will has already been deposited with the Clerk of Court, take a certified copy of the Will. Just go to the courthouse, ask for the probate clerk and he or she will be able to make you one.

Expert:  Loren replied 11 months ago.

If her husband died intestate, (without a Last Will), the required documentation to bring:

  • The completed application for the certificate of title;
    • This can be found on the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) website
  • The certificate of title or other satisfactory proof of ownership or possession;
  • An affidavit that the estate is not indebted; and
  • An affidavit that the surviving spouse, if any, and the heirs, if any, have agreed on how the estate assets will be divided
Expert:  Loren replied 11 months ago.

Did you have further questions? Have I answered your question?

Customer: replied 11 months ago.

Almost. How does she get the certificate that the estate is not indebted? As far a s I know there is no will, he left a credit card debt of $8000, no significant savings. He committed suicide. I asked her to get a lawyer to settle the estate, but she has very little money, left with an 11 year old son. Also, they had an apartment purchased , with a mortgage, that they were renting out. The mortgage was in both names. She just found a job , but makes minuscule money, about $2000 a month. What do you think usually happens with property like this. There is an outstanding mortgage amount, they have been paying it for 10-15 years, is it likely that the credit card company will take her to court to retrieve the debt that he had?

Expert:  Loren replied 11 months ago.

It is an affidavit, not a certificate. The affidavit of no indebtedness would be by her. I can not predict what the credit card company will do. She may want to call them and see if the debt may be settled so she does not have to keep the car.

Customer: replied 11 months ago.

So she should write the affidavit by herself?

Expert:  Loren replied 11 months ago.

She can.

Expert:  Loren replied 11 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.

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