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buying a car from a probate estate

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lcyrlpn

Junior Member
What is the name of your state (only U.S. law)? Florida

My son is buying a car from an estate that is in probate. He has paid for the car and has recieved delivery of the car except the title is in probate. The deceased's common law wife has the title but cannot sign it over to him until the estate clears probate. Is it legal for him to get the title before probate is over? Can they clear it ahead of the rest of the estate? Can he place a lien against the title since he already paid for it? Would that protect him from legal battles? The tags expire this month and need to be replaced. The common law widow is trying to replace them. Is it even legal for my son to take possession and drive this vehicle? We need advise! Sincere advise only, please. Thank you in advance.What is the name of your state (only U.S. law)?
 


BL

Senior Member
The vehicle should never have been sold , if it was part of the estate and in probate .

Your son may have been aware of the issue at the time of purchase .

If the common law wife has no authority to sell anything from the estate, and he doesn't want the vehicle, he should request his money back , giving the vehicle back where it came from .

Plus , if she didn't have that authority he may have to give it back anyways .
 

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