Answer
Apr 06, 2022 - 05:34 PM
Our condolences on your family's loss.
Legal spouses listed on death certificates are the only individuals who can immediately take possession of the vehicle's title in Florida, assuming no other owner is listed, the vehicle does not have a lien and/or is not encumbered in a legal dispute.
Since his significant other is on the title as a co-owner, the Florida DMV would allow her to re-title the vehicle in her name IF their two names are separated by the word "or" on the tile. If their two names are separated by the word "and", by a slash, comma, or no separating mark, it is assumed that both people named on the title must sign to obtain the vehicle's title or transfer it. In your father-in-law's absence, his beneficiary would be the one to sign on his behalf. If there is no clear beneficiary because there is no will or estate, it will likely require court proceedings to determine who his beneficiary is.
His sister being named as next of kin on the death certificate does not automatically provide her oversight or ownership of any property your father-in-law owned.
The information we have provided is not a substitute for legal counsel. We recommend speaking with an attorney to confirm you and your family's rights in this matter.
Best of luck.
Legal spouses listed on death certificates are the only individuals who can immediately take possession of the vehicle's title in Florida, assuming no other owner is listed, the vehicle does not have a lien and/or is not encumbered in a legal dispute.
Since his significant other is on the title as a co-owner, the Florida DMV would allow her to re-title the vehicle in her name IF their two names are separated by the word "or" on the tile. If their two names are separated by the word "and", by a slash, comma, or no separating mark, it is assumed that both people named on the title must sign to obtain the vehicle's title or transfer it. In your father-in-law's absence, his beneficiary would be the one to sign on his behalf. If there is no clear beneficiary because there is no will or estate, it will likely require court proceedings to determine who his beneficiary is.
His sister being named as next of kin on the death certificate does not automatically provide her oversight or ownership of any property your father-in-law owned.
The information we have provided is not a substitute for legal counsel. We recommend speaking with an attorney to confirm you and your family's rights in this matter.
Best of luck.
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