QUESTION
Can I sell or drive my mother’s vehicle even if the title is not on my name?
Asked on Nov 06th, 2013 on Estate Planning - Colorado
More details to this question:
Hi, my Mother is in the hospital due to a major stroke. She has been in the hospital for 1 month so far and she currently cannot speak. I lived with my mom and currently do not have a job or income. I just got my permit and I need a vehicle to drive but I cannot drive my mom’s large truck. She does not have a will (but I have the title) and the truck is not in my name. The insurance is also not in my name. I want to sell it to buy a normal sized car as my first vehicle to drive, but If I can't sell it, can I still drive it and how do I put it under my name as the new owner?
11 ANSWERS
If you mother is legally competent, you could have her sign a power of attorney which would give you her authority to sell the car. Or, you could have her sign the title over to you. If she is not legally competent, you would need to have a guardian appointed.
Answered on Dec 02nd, 2013 at 10:09 AM
First, you will need to establish a power of attorney. If she is competent, but injured.. i.e. can't speak, but can hear and understand. than a POA will enable you to sell the vehicle and manage her affairs.
Answered on Nov 13th, 2013 at 5:11 AM
Edwin K. Niles
Is she able to nod consent? If so, you should do as she wishes.
Answered on Nov 07th, 2013 at 6:50 PM
Contracts Attorney serving Auburn, WA
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Singletary Law Offices, PLLC
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For a vehicle not titled in your name, a person must have the permission of the owner to drive it, particularly for insurance coverage/liability issues. Without you being the attorney-in-fact for your mother (under a power of attorney), you most certainly would have no legal authority to sell the vehicle or put it in your name unless your mother provided a bill of sale (even if she was gifting it to you). Since your mom is living, whether she has a Will or not at this point has no bearing on your question. Your mother would need to also sign the title over to you as part of any gifting documentation for you to put the truck in your name and get your own insurance. However, with your mother experiencing "a major stroke" there is a question of her competency/mental capacity to legally/competently sign the title over to you (depending on the stroke's impacts, physical, mental, etc.).
Answered on Nov 07th, 2013 at 6:49 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No, you cannot do this, unless you have a power of attorney for your mother. If you do not, you would need to petition the probate court to become her conservator in order to legally sell her vehicle. If your mother has a power of attorney, going to court would not be necessary.
Answered on Nov 06th, 2013 at 11:22 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There's a lot of information that would be needed in order to properly answer this question. The most important question is are you insured as a driver of this vehicle? That would be a question for the insurance agent. If you are not insured as a driver of this vehicle, then driving it is a violation, or possibly a traffic crime, and you are setting your mom and you up for huge liability in the event you have an accident. Does anyone have power of attorney for your mom? That person could transfer title, but it really isn't necessary; there's no reason your mom can't own a car and let you drive it (as long as you're insured while driving it), so the POA could trade in the truck on something else.
Answered on Nov 06th, 2013 at 11:21 PM
2 Awards
You cannot sell it. You should not drive it unless you are put on the insurance. It sounds like you are a minor(not 18). You will need the assistance of an adult to help get a conservatorship to handle your mother's affairs.
Answered on Nov 06th, 2013 at 11:21 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to contact your Department of Motor Vehicles to determine the rules about you driving alone on a permit; there may be an exemption since your mother is in the hospital and cannot communicate; however, as to authority to sell your mother's truck, you do not have.
Answered on Nov 06th, 2013 at 11:21 PM
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You should speak with an attorney. It sounds like you may need to file for legal guardianship in the courts. You cannot take the actions set forth in your inquiry.
Answered on Nov 06th, 2013 at 11:21 PM
No you cannot.
Answered on Nov 06th, 2013 at 11:20 PM
You do not have any grounds under which you can take possession of the vehicle, drive it, transfer title to your name, or sell the vehicle. Only your mother can give you permission to do those things. If she is permanently disabled and unable to take care of her affairs, you can petition a court to name a guardian and/or conservator for her and that person can decide what to do with the truck.
Answered on Nov 06th, 2013 at 11:20 PM