We have what we thought was a simple sale of a mobile home. The Title docs state my Dad's name followed by "or" and my Mom's name. My Dad died. My Mom executed the sale. We provided a Certified copy of Dad's death certificate. A FL probate attorney tells us that the titles should have read "and" instead of "or' yet Dad's estate attorney in 1995 advised him to use "or". As a result of what the probate attorney says is an error on the titles, we are looking at an estimated probate expense of $1800 to $2000 along with a request for the Original of Dad's Will. Is the attorney handling the sale correct with the "and" business and does she truly require my Dad's Original Will?
Thanks for your question and good morning.My sympathy for your loss of your loved one.You have unfortunately been given good information here.The mobile home will need to pass through probate so that your mother can be named the personal representative and then be able to properly sign over the title.The original will would have to be probated,Again I wish I could tell you otherwise but it appears this would be probated as a small estate/summary administration type proceeding.Here is reference to the law.You do have the right here to shop this matter and compare legal fees for completing the probate of the will.Here is the law concerning probating small estates/summary administration.http://law.justia.com/codes/florida/2005/TitleXLII/ch0735.html
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In case you want to shop the lawyer and fee quote here is lawyer referral through your state bar.http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/ec2322e512b83d1e85256b2f006cc812?opendocument
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