the guy has this car, well hes dead... he has left behind a wife and an ex-wife, the car is in his wifes garage, she wants to give it away, but im not sure how i woudl register it. do i just need to get a letter from her that says she gave it to me? they have no title i think, but it is regged to the dead guy.
how can u register a car owned by someone who died?
- Thread starter JTM
- Start date
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sorry, no clue about your problem...
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I'm not an attorney, so take this for what it's worth. I've bought & sold cars and transferred titles, and have a will, so this is based on my own experiences in Pennsylvania. At least this should steer you in the right direction:
1. Who is the current owner as far as the state is concerned? If the guy had no will and he was married, his wife owns the car. If he had a will, whoever he named in the will is the owner.
2. If the car was registered, the current owner (see #1 above) must get the title & registration transfered to their name. Then they have all the paperwork in place to sell it to you. They can sell it to you for $1 just to make it all legal.
3. If the car was not registered, you can still check for the existence of a title, I think. Basically #2 above should still apply.
4. If there is no title at all, there is some way to get a new one issued, but you have to prove ownership. I have no clue on the details of how this works.
There are probably some attorneys on the board here that can answer more of this. You can also get all of these answers from AAA or the Motor Vehicle Dept.
1. Who is the current owner as far as the state is concerned? If the guy had no will and he was married, his wife owns the car. If he had a will, whoever he named in the will is the owner.
2. If the car was registered, the current owner (see #1 above) must get the title & registration transfered to their name. Then they have all the paperwork in place to sell it to you. They can sell it to you for $1 just to make it all legal.
3. If the car was not registered, you can still check for the existence of a title, I think. Basically #2 above should still apply.
4. If there is no title at all, there is some way to get a new one issued, but you have to prove ownership. I have no clue on the details of how this works.
There are probably some attorneys on the board here that can answer more of this. You can also get all of these answers from AAA or the Motor Vehicle Dept.
In CA, being a community property state, his wife should get teh car. It might take a year if they go through probate (which I think they will since he had no will and likely didn't have a living trust). Technically, I believe you have to wait until she's awarded the assets through probate and then she can transfer title to you.
Check the pink slip to who owns the vehicle. For the purposes of sale in CA, registered owner doesn't matter. If dead guy's wife doesn't have the title, she can get a duplicate title for $7. Key point is that only the owner can sell. I have "Me or Wife" on title to our cars, not "Me and Wife", so that either of us can sell (hope I don't come home someday to an empty garage). Many older people have title only in husbands name, tradition. If it's in his name only, she must have title before she can sell to you. I would just have her sign his name on the title. Fresno DMV is not likely to catch that he's dead (I sold my grandma's car). Link below to duplicate title.
http://www.dmv.ca.gov/forms/reg/reg227.pdf
I think that for $10, DMV will give you full vehicle title history, but only goes back 10 years.
http://www.dmv.ca.gov/forms/reg/reg227.pdf
I think that for $10, DMV will give you full vehicle title history, but only goes back 10 years.
JTM said:
yeah, i was thinking just having anyone sign his name, its not like hes going to contest the sell... and if he does.. then i dont want the frikkin thing 
heh
heh
P.S. The "Pink Slip" in California is the title.
This information is given to you as my opinion and not to be considered legal advice.
Dude, don't listen to big daddy, he's probably an attorney or something. The old lady doesn't want to deal with it, so just spend the 10 bucks, get a reprint of the title (which will probably show if there's a lien on it), and sign the dead guy's name. Get a hand written bill o' sales and all will be well. Unless it's stolen, but then DMV only goes back 10 years. Found this out last week when my buddy got a call that LA customs had his motorcycle in impound. His bike was stolen in 1978. Some bike builder bought the engine from a guy in Delano, who bought it at swap meet. Both showed clean title on bike from DMV, but customs, well they never forget. Don't be a wuss, even if it comes back the the sig was forged, they'll have a hard time proving it was you, and really DMV doesn't care that much.
Also remember that community property only means 50 % vs 50 %
The wife does not necessarily own any portion of that car in a community property state..... there could be children, etc. Depending on when the deceased purchased the car, when they were married (before or after the purchase of the car)....does he have children.......do they have children, etc. all determines the legalities of the ownership of the car.........
If car was purchased during their marriage, she only owns 50%.
If car was purchased before their marriage, she only owns 0%.
If there are children...say two children........she owns her 50% plus 1/3 of his 50%, kids own 2/3 of his 50%.
I may not be an attorney, but I do understand community property laws.
WOMAN = DIVORCE = SHAFT
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The wife does not necessarily own any portion of that car in a community property state..... there could be children, etc. Depending on when the deceased purchased the car, when they were married (before or after the purchase of the car)....does he have children.......do they have children, etc. all determines the legalities of the ownership of the car.........
If car was purchased during their marriage, she only owns 50%.
If car was purchased before their marriage, she only owns 0%.
If there are children...say two children........she owns her 50% plus 1/3 of his 50%, kids own 2/3 of his 50%.
I may not be an attorney, but I do understand community property laws.
WOMAN = DIVORCE = SHAFT
Ok, I have read all of the above posts. Here is what I know about titles. Most married couples get a title for a car in both names. If the title says Mr and Mrs. the title requires both sigs for the sale of the car. If the title has Mr or Mrs the title only requires one signature.
When signed, the title must be notarized. So forging is not really an option, unless you know a notary. This means that you must be in front of a certified notary when the title is sign, or a notarized letter stating the sale of the car. (at least in Oklahoma)
Just call the DMV, don't tell them your name, but tell them your situation and ask their advice.
When signed, the title must be notarized. So forging is not really an option, unless you know a notary. This means that you must be in front of a certified notary when the title is sign, or a notarized letter stating the sale of the car. (at least in Oklahoma)
Just call the DMV, don't tell them your name, but tell them your situation and ask their advice.
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