Am I now the legal owner and should I change the title to my name only? 17 Answers as of January 09, 2014

I bought my father in law a car and paid cash. I had the title put in both of our names. He recently passed.

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Kirby G. Moss PC | Kirby G. Moss
The car would pass to you as survivor by reason of your name on the title.
Answer Applies to: Indiana
Replied: 1/9/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
You are the owner.
Answer Applies to: California
Replied: 1/9/2014
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
Yes, if you have joint tenancy. Yes, you should change it to just your name.
Answer Applies to: Oregon
Replied: 1/9/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Take care of this problem with the DMV.
Answer Applies to: California
Replied: 1/9/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Maybe, if you took title with right of survivorship. Go to DMV.
Answer Applies to: Oregon
Replied: 1/9/2014
    James Law Group
    James Law Group | Christine James
    You are likely the owner depending on exactly what the title says. Go to the DMV and they will help you complete the appropriate froms. Be sure to take the death certificate.
    Answer Applies to: California
    Replied: 1/9/2014
    Frederick & Frederick PLC | James P Frederick
    The answer is probably yes, in terms of ownership. Whether to change the title or not is up to you. You will only have an issue, if/when you decide to sell the car. At that point, you would need to produce a certified death certificate. You may want to review the title with someone from Secretary of State to make sure re: ownership. There are ways of holding title where it would not automatically pass to the survivor.
    Answer Applies to: Michigan
    Replied: 1/9/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If title is an "or" then yes you may remove his name through the DMV in Nevada. If it is an "and" you may need to use an Affidavit or go through a probate process, like a set aside. Review the tile and the DMV requirements. Best of luck to you.
    Answer Applies to: Nevada
    Replied: 1/9/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    You need to look the title and find out if you owed the automobile as joint tenants or tenants in common. If tenants in common, then the automobile needs to go through probate. If joint tenants, take the title and a death certificate to a Department of Revenue license bureau to get his name off. You can then always do a T.O.D on the title which is "transfer on death" so that if you pass away, the person you name can have the title changed without the automobile going through probate.
    Answer Applies to: Missouri
    Replied: 1/9/2014
    David Kass | David Kass
    If title was originally as joint tenants it passes automatically by op of law. That said you should re-title it for ins. purposes. You also may need to file a fed gift tax return for amount of the gift (form 709).
    Answer Applies to: New York
    Replied: 1/9/2014
    Law Offices of R. Christine Brown | R. Christine Brown
    Go to the DMV with the pink slip and his death certificate. They have forms that you need to fill out to change title.
    Answer Applies to: California
    Replied: 1/9/2014
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    Yes, you should put the car in your name. To do this you need to take a certified copy of his death certificate to the Missouri Department of Revenue (I am presuming this is where you registered the vehicle - if it's another state, the same basic provision would probably apply but you would have to check on this). There is probably a small fee the DOR will charge for the new title.
    Answer Applies to: Missouri
    Replied: 1/9/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Take a copy of the death certificate to the DMV and get a new title issued.
    Answer Applies to: Idaho
    Replied: 1/9/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If title to the car was held in joint tenancy then as the survivor you would be the sole owner. You should request a new title showing the passing of the other joint tenant to clarify ownership.
    Answer Applies to: Illinois
    Replied: 1/9/2014
    Attorney & Counselor at Law | Jeffrey B. Hammerlund
    You file a small estate affidavit along with a copy of the death certificate and change the title to your name only.
    Answer Applies to: Illinois
    Replied: 1/9/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, you should have the vehicle re-titled in your name only.
    Answer Applies to: Michigan
    Replied: 1/9/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Because your name is presently on the title, you should be able to send the Department of Motor Vehicles in Tallahassee, a certified copy of your dad's death certificate, and they should remove his name off the title.
    Answer Applies to: Florida
    Replied: 1/9/2014
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