Do I need to file a Small Estate Affidavit to get the titles of the vehicles transferred into my name? 1 Answers as of August 22, 2014

My mother recently passed away with no will, and my father passed away before her. They owned 3 vehicles in both of their names and my mother had a mortgage in her name only with $25,000 left to pay on it and no credit cards or other debts. None of the vehicles or things in the home would be worth anywhere near $40,000. I have a sister who doesn't care to receive anything, and I am the sole beneficiary on the Life Insurance that is paying for the funeral. Do I need my sister to sign something stating she doesn't want to receive anything and will the mortgage lender come after the vehicles and me to pay off the mortgage that is left?

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Richard J. Keyes Attorney at Law | Richard J. Keyes
You need to file a small estate affidavit to get the vehicles transferred if all the assets, less the outstanding mortgage, is less than $40,000. List your sister as a beneficiary on the small estate affidavit. Once the certificate of clerk is issued, you are allowed to take charge of the assets. You can sell the vehicles and also sell the house. Get your sister to sign a waiver that she does not want anything, but she will still have to sign the documents in regard to the sale of the house. See an attorney for more information.
Answer Applies to: Missouri
Replied: 8/22/2014
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