QUESTION
What can I do on my mother’s vehicle that is not in her last will?
Asked on Dec 29th, 2013 on Estate Planning - Washington
More details to this question:
My mother’s will do not include her vehicle. My siblings want me to have it but are concerned about liability. What needs to be done beyond me transferring the title and placing it on my insurance? How must, or does this need to done via the court handling the estate?
12 ANSWERS
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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From your statement that the car was not part if her will; it might not be listed in the will but will be property under the will. The vehicle will pass per her will's disbursement provisions.
Answered on Mar 19th, 2017 at 5:52 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You should pay the estate the FMV and then the personal representative can sign the title over to you.
Answered on Jan 02nd, 2014 at 11:01 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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First it does not matter if the vehicle is specifically mentioned in the will. Second, there needs to be a probate matter filed for the estate.. and the will needs to be entered into probate.Third the Personal Representative of the Estate needs to sign the title to the car over to you. If ALL OF the potential beneficiaries sign waivers giving you the vehicle then the PR should sign the vehicle over to you ASSUMING ALL OTHER DEBTS OF THE ESTATE ARE PAID.
Answered on Jan 02nd, 2014 at 11:00 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes, if probate has been opened, then your mother's car is part of her probate estate. I often transfer the car to a devisee in a partial distribution, to get it out of the estate and avoid the liability and the cost of insurance. If your siblings agree, all can sign an agreement as to distribution of the car.
Answered on Jan 02nd, 2014 at 11:00 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Since there is a will being probated by the Court, the appointed executor must handle the transfer of title to the auto. The executor would file the transfer papers with the Secretary of State and a new title would be issued. Upon transfer of ownership you would obtain insurance.
Answered on Jan 02nd, 2014 at 10:59 AM
If the estate is in probate the vehicle must be passed within the probate so it can be included in the accounting.
Answered on Jan 02nd, 2014 at 10:59 AM
Assets that are not specifically mentioned in a will are considered part of the residue/remainder. The vehicle will be transfered by the executor to that person or persons. Some states have a specific procedure for transferring titles to vehicles to the heir which is essentially a form that must be filled out and filed with the specified state agency. You will also need to transfer the title to the license plates on the vehicle.
Answered on Jan 02nd, 2014 at 10:58 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The vehicle appears to be outside of the estate. If that is the case, then go to DMV and determine what is needed to transfer the vehicle into your name, and what the insurance requirements are.
Answered on Dec 30th, 2013 at 10:02 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The personal representative would transfer title to you. At that point, the vehicle ceases to be an estate asset and it belongs to you. The PR should bring certified letters of authority and a death certificate to the Secretary of State office and request the transfer of title. There will be a nominal charge for this.
Answered on Dec 30th, 2013 at 10:01 PM
2 Awards
If the estate is in probate, handle it through the estate. That will release liability. Work with the administrator/executor and his/her attorney.
Answered on Dec 30th, 2013 at 10:01 PM
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It depends upon the value of the total assets subject to probate. If the total is under $20,000 you may simply execute an affidavit at the DMV. If the assets values exceed $20,000 you should speak with an attorney about your family's options.
Answered on Dec 30th, 2013 at 10:01 PM
Thomas Edward Gates
The car is part of your mother's estate. During probate, the car will be handled like all of the personal property. After the creditors have been paid, the car would be distributed to the beneficiaries at its fair market value. If the estate does not have enough money to pay creditors, the car would have to be sold. If your mother did not have any real property (house) or is under $100,000, some states permit handling the estate via small estate provisions. Here, you transfer property via an affidavit.
Answered on Dec 30th, 2013 at 10:00 PM