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blueyeslaughing · Mar 6, 2011, 04:04 PM

My mom passed away and left an unsigned will, however she left signed titles for her mobile home and car. What can I do? Does this need to go to probate? I heard it could take years. Her home is not worth much and her lot payment is expensive? Do I need to hire an attorney? Is it costly?

Fr_Chuck · Mar 6, 2011, 04:42 PM

If it is not signed the will is nothing.

Where the mobile home and car signed over to someone specific before her death. Who are all the other heirs

ScottGem · Mar 6, 2011, 04:46 PM

When say signed titles, do you mean they were signed over to someone? If so, who? Are their any other assets or heirs to her estate?

While the will being unsigned could be easily challenged, if its not challenged it may be accepted. Especially if it was written in her handwriting.

ANY question on law needs to include your general locale as laws vary by area.

AK lawyer · Mar 6, 2011, 05:12 PM

Originally Posted by ScottGem

...
While the will being unsigned could be easily challenged, if its not challenged it may be accepted. Especially if it was written in her handwriting.

ANY question on law needs to include your general locale as laws vary by area.

The requirements for "holographic" wills like this vary from state to state.

If she didn't leave a valid will, as her child you probably are entitled to a portion or more of here estate under the intestacy statute in your state.

blueyeslaughing · Mar 6, 2011, 06:33 PM

Thanks for your answers : this is in the state of Florida, she just signed her name on the title , she typed the will, a friend helped her. I am her only daughter and she is a widow.

ScottGem · Mar 6, 2011, 06:44 PM

Where did she sign the title? As seller without a buyer?

Fr_Chuck · Mar 6, 2011, 07:28 PM

I would doubt if you filed them in your name talking ownership, if there is no one to really challenge it,
I know of people who have done this.

If she signed it with the intent of you being the owner, and the will states you were to get them,

Many things can be done, the issue will be who is there to challenge it

blueyeslaughing · Mar 7, 2011, 05:12 AM

She signed as the seller, everything else is blank, I don't know why she did this. I am the only daughter and she has no one to challenge it, I am positive of this
I don't want to break any laws, but can I legally sign as the buyer or do I need an attorney and probate, it is a very small amount I would get for the sale, not work an attorney unless I can get around it. Other wise I will have to give it to the park its in and just let it go

ScottGem · Mar 7, 2011, 05:58 AM

I would just fill in your name as buyer then.

AK lawyer · Mar 7, 2011, 07:15 AM

I agree with Scott. It's like signing a check without the "pay to" space filled in: it's like cash.

The will, by-the-way is meaningless. Typed, unsigned, it is not effective as her will.

Originally Posted by blueyeslaughing

... she typed the will, a friend helped her. ...

Either she never got around to signing it (If it had a place for a notary to sign it might be that she was waiting to take it to a notary.); or there is a signed original somewhere and you just have a copy.