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[FL] [FL] How do I transfer ownership of my aunt’s mobile home to her friend if her will named me as the sole recipient?

My 91-year-old aunt and her domestic partner own a mobile home in Cape Canaveral, FL. Both agreed that when they could no longer care for themselves and continue living there, they wanted a friend to have the home. My aunt moved to Dallas and passed away 6 months later. Her partner is still in Florida at an assisted living facility. I am the power of attorney for my aunt and—based on her will—the sole estate recipient. How do I get the mobile home title and registration in their friend's name?

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TJ, Esq.
TJ, Esq.

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Since your aunt’s will leaves all property to you—and the mobile home is not specifically left to the friend—the home legally becomes part of her estate and passes to you. Verbal wishes don’t override a valid will.

Even if your name MAY or MAY NOT still be on the registration, it doesn’t change who inherits the property.

You’ll likely need to go through probate in Florida. After legally receiving the mobile home through the estate, you can transfer it to the friend.

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My 91-year-old aunt and her domestic partner own a mobile home in Cape Canaveral, FL. Both agreed that when they could no longer care for themselves and continue living there, they wanted a friend to have the home. My aunt moved to Dallas and passed away 6 months later. Her partner is still in Florida at an assisted living facility. I am the power of attorney for my aunt and—based on her will—the sole estate recipient. How do I get the mobile home title and registration in their friend's name?

Lexi

Lexi, Chatbot

I'm sorry to hear about your aunt. Have you located the title and registration documents for the mobile home?

I have a copy of the registration that has my name and her name on it as owners. She told me she took my name off and put his on since he was living there. I don’t know if she actually changed it.

Lexi

Lexi, Chatbot

Do you have a copy of the will specifying the friend as the mobile home recipient?

The will does NOT specify that. It says all her property goes to me. Both she and her partner told me and her partner’s brother that giving it to their friend was their wish.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know? Rest assured they’ll help you with transferring the home.

How much will this cost me?

TJ, Esq.

TJ, Esq.

Hello! My name is TJ and I’m an attorney. Thank you for the opportunity to assist you.

TJ, Esq.

TJ, Esq.

Since your aunt’s will leaves all property to you—and the mobile home is not specifically left to the friend—the home legally becomes part of her estate and passes to you. Verbal wishes don’t override a valid will.

Even if your name MAY or MAY NOT still be on the registration, it doesn’t change who inherits the property.

You’ll likely need to go through probate in Florida. After legally receiving the mobile home through the estate, you can transfer it to the friend.

The value is approximately $10k.

TJ, Esq.

TJ, Esq.

Thank you. Was there a legal domestic partnership?

No. They lived together for companionship. Tom (the partner) will sign a notarized statement giving the mobile home to the friend.

TJ, Esq.

TJ, Esq.

That’s kind, but Tom doesn’t own the home legally. The home is part of your aunt’s estate. Since she wasn’t married to Tom, her share likely became probate property.

Because the home is about $10k, summary administration (a simplified probate) may be available in Florida.

Once the court transfers her interest to you, you can transfer the title to the friend.

I haven't seen the current registration. How do I find out if it’s in my name or Tom’s?

TJ, Esq.

TJ, Esq.

Contact the Florida DHSMV or county tax collector. You can request the title/registration record using the VIN or decal number.

If the registration is in mine and my aunt’s name, what do I do?

TJ, Esq.

TJ, Esq.

You must probate your aunt’s share. After receiving the court order transferring her interest to you, you sign the title over to the friend.

How do I go through probate?

TJ, Esq.

TJ, Esq.

File a Petition for Summary Administration in the Florida county where your aunt lived. Include:

  • Death certificate
  • Will
  • Asset list (mobile home)

Request that the court transfer your aunt’s interest to you.

Once the court issues the Order of Summary Administration, you take that to DHSMV to transfer the title.

My aunt also has assets in Indiana. Do I need probate there too?

Yes—likely ancillary probate in Indiana.

Whenever someone owns property in another state, that state requires a separate probate unless assets qualify for a small-estate affidavit.

Indiana allows a small-estate process for assets under about $100k, depending on type and date.

TJ, Esq.

TJ, Esq.

17,778 satisfied customers

TJ, Esq.
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