If my father died anda mobile home was left to my sisterand I in his Will, does it have to go through probate before we can sell it?

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If my father died anda mobile home was left to my sisterand I in his Will, does it have to go through probate before we can sell it?

It is paid off but they live in a retirement community and lot rent is being charged. Can the HOA take the house if we can’t pay the lot rent? If it does not have to go through probate how do we sell it because his name is on the title?

Asked on March 8, 2011 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will most likely be required to go through probate because it was in the will and not through a trust. Further, if the property is still in his name, you should first get the death certificate, take it along with the official will and see if you can simply get the title changed without having to go through probate. Once you have changed title in this manner (if the appropriate agency will allow it -- DMV?), then you can be free to take it off the lot. If the HOA is charging lot rent, see if you can have the lot rent waived or be able to move the property off the lot based on the will and death certificate. If it can't be moved without change of title, you may be stuck paying it or simply telling the retirement community they need to file in probate as a creditor.


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