What can I do on my mother’s vehicle that is not in her last will? 14 Answers as of January 06, 2014

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?

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Strickland Law, PLLC
Strickland Law, PLLC | Jeffrey S. Strickland
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.
Answer Applies to: Tennessee
Replied: 1/21/2014
Kirby G. Moss PC | Kirby G. Moss
The car does not have to be specifically listed in the will. Check the will as general provisions disposing of residual estate. If siblings are only other heirs and they want you to have it, they can sign off the title and transfer to you. Check with the lawyer and /or the personal rep of the estate.
Answer Applies to: Indiana
Replied: 1/6/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You should pay the estate the FMV and then the personal representative can sign the title over to you.
Answer Applies to: Idaho
Replied: 1/2/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
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.
Answer Applies to: Michigan
Replied: 1/2/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
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.
Answer Applies to: Oregon
Replied: 1/2/2014
    Danville Law Group | Scott Jordan
    You do not need court permission if all beneficiaries agree you should have the car. Simply have each of them send you an email stating they wish you to have the car. Keep the emails. Then go to the DMV and transfer title to your name.
    Answer Applies to: California
    Replied: 1/2/2014
    Estrada Law P.C. | Michele Ungvarsky
    If the estate is in probate the vehicle must be passed within the probate so it can be included in the accounting.
    Answer Applies to: New Mexico
    Replied: 1/2/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 1/2/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    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.
    Answer Applies to: Nebraska
    Replied: 1/2/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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.
    Answer Applies to: California
    Replied: 12/30/2013
    Gates' Law, PLLC | Thomas E. 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.
    Answer Applies to: Washington
    Replied: 12/30/2013
    James Law Group
    James Law Group | Christine James
    If the estate is in probate, handle it through the estate. That will release liability. Work with the administrator/executor and his/her attorney.
    Answer Applies to: California
    Replied: 12/30/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    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.
    Answer Applies to: Nevada
    Replied: 12/30/2013
    Frederick & Frederick PLC | James P Frederick
    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.
    Answer Applies to: Michigan
    Replied: 12/30/2013
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