Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Insurance & Registration

Owner Of car passed away, what now?
Find answers to your legal question.

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


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.

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!

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).

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

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 ?

 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

 What shall i do about the car Insurance? ?
on the 24th of december i had a accident (not serious at all) whilst delievring it was my fault. then i told my insurance company, they said they cannot deal with it as i was delievring at the time ...

 My license was suspended three years ago in California. How do I get my license reinstated?
What is needed to be done to get my CA driver license reinstated? How long will it take? If I can't get my license reinstated, can I get a CA identification card?...

 When is the DMV less packed? ( California)?
Just curious
: - )...

 What is the cheapest car insurance you could find in your opinion?
...I have the feeling Geico is going to come up, I said 'cheapest'...

 I need tempory car insurance for a day.?
I am only 18 years old i need insurance for a day or two whilst my car is in the garage and i plan to drive my parents car i cannot find a company who will take me on as i am under 21 any advise ? ...

 Geico or All State?
Which is better?...

 Car insurance?

 Can i disagree with my insurance company and get my car fix if they want to total it?
i believe my car is not totaled. My body shop guy agrees with me too. can i come to an agreement with my insurance to have my car fixed. My car is worth 11,500.00 dallors and the insurance said it ...

 I need two take my car off the disabilaty register?

 Will a loud music ticket effect my car insurance?
I live in Illinois and I was wondering if a loud music ticket will effect my car insurance? I wasnt driving....

 Can i get drivers insurance with a learners permit?

 Car insurance question?
I have 2 cars, I drive one of them, and the other one is for my brother, but since my brother just turn 18, so the insurance on his side is very expensive, so if I exclude him on my insurance plan, ...

 Neighbors large tree branch fell on my car while it was parked, is she responsible for the damage?

 Do i need an attorney?
i was in a car accident, was injured my car got totalled, do i need an attorney and for what reasons?...

 My dad wants to take me driving tomorrow?
He'll let me get behind the wheel and then teach me how to drive.
But the thing is, my mom and I are afraid that we might get in trouble because I don't have a learner's permit ...

 How much is considered a total loss by the insurance company?
If there's an accident. What percentage of the car value does the repair ammount have to be for it to be considered a total loss by the insurance company?
Additional Details
If ...

 My car slid into my roommates car the day after a snowstorm and broke the tail light. Will my insurance go up?

 What questions do they ask you at the DMV when you're trying to get your driver's permit? PLEASE SOMEONE !!!!
I need to know what are the questions that they ask you on the written test when you're trying to get your driver's permit? what about when you're actually taking the driving test? T...

 Question About Motorcycle Insurance?
I have had a motorcycle before and sold it but im am wanting to get another. I have never had a ticket in a car "nock on wood" but on my old bike too many to count but the only thing i was ...

 Car insurance and more than one car?
I don't know much about car insurance but I do know it's pretty expensive. What if you have more than one car, would you have to buy insurance for both of them? If that's true how can ...

Copyright (c) 2009-2013 Wiki Law 3k Thursday, February 11, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links