Estate Law Questions? Ask an Estate Lawyer.
Good morning. I am Loren, a Florida licensed attorney, and I look forward to assisting you.
Was there a will?
I am sorry, but I am not ready to spend any more money than my membership right now. Thanks
We may continue online, if you wish, at no extra charge. Did your friend's husband leave a last will?
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.
If her husband died intestate, (without a Last Will), the required documentation to bring:
Did you have further questions? Have I answered your question?
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?
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.
So she should write the affidavit by herself?
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