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Owner Of car passed away, what now?
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Owner Of car passed away, what now?

my father was the owner of our car, his name was on the title && all that other stuff but he died and i'm under age and my mother doesnt drive so we have no one to put the car under...what now


    




foxychick24
Rating
Let me start by saying how very sorry I am for your loss.

Did your dad create an estate or have a will? If he did, there is going to be someone in charge of his estate which might be your mother.

What you will need to do after meeting with the lawyer, is call the current insurance company that the car is insured with and let them know that your father passed away and let them know who the executor or executrix of estate is. You will need to put the insurance "IN THE ESTATE OF _____ ____ (your fathers name)". Your insurance company will need a copy of the short certificate which the lawyer should be able to provide if there is one.

The executors or executrix of estate can handle the vehicle, sell it or put it in someone else's name. You do not need a drivers license to put a car in your name. Your mom could probably put it in her name, but the lawyer should be able to help with this.

I'm sorry this happened to you and your mother and wish you the best of luck


Mike P
your mom doesn't have to drive to own a car....put it in her name and for that matter the car can be in your name .... age has nothing to do with ownership.


buttehead1@y_h_0
call your secretary of state because I believe it can go in your mothers name and she can appoint " A driver of the car" for legal reasons.

It's not that hard and the secretary of state will help you!


John
Depending on where you live and assuming your folks were married, the car belongs to your mother now as the next of kin.

If they weren't married then the car along with any other property would go through the probate court (unless your dad had a will).


fb22279
Rating
you can sell the car,

wait till you get your license

or have one of your relatives change it to their name


vicki g
In California:

If you are not going through Probate, and it has been more than 41 days since his passing you can fill out Affidavit for Transfer Without Probate REG 5, take in the title, and use statement of facts REG 256 for tax and smog exemption. You can put it in your mom's name. She doesn't need a license number. (they will code it with an "F" instead of a "P" where the number goes.
You can be listed as well, as a TOD. So if your mom passes, the car Transfers On Death to you. You don't need a number either.

If you just want to sell it...take the buyer with you and just use the REG 5 and have the next of kin sign you dad's name and theirs on the title....Do all of this at the DMV office or AAA Auto Club..signing where and how can be tricky, so it's best to get some "hand holding" thru the process.

The REG 5 states date and place of death and who is able to sign for him.

If you are going to park it for a year, then let the DMV know with Affidavit of NON USE. then it won't get suspended for lack of insurance. Or you can put it into NON OP if you don't use it for a couple of years, and you also don't have to pay the yearly registration fees.

Sorry for your loss.


mike s
Rating
It's considered property. Your attorney should be able to instruct you in the paperwork to transfer the car to your mother's name. I'm assuming it was paid for. Doesn't matter that she doesn't drive. She can then sell it or let you use it.


mary k
Rating
if you have a garage, I would put it in there. til your old enough to drive. or sell it.


neal
My dad passed away and my name was on the registration of his truck. am I entitled to the truck or does it have to go through probate ?





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