What to do with a car left in driveway by parent that passed.

Submitted by MyUniqUserName t3_126ufvc in personalfinance

My mother in law lived with us for a bit and decided to move oversees for retirement. She packed her stuff but left few personal items (clothes and such) along with a vehicle. She was supposed to comeback few months after moving to sell the car however she unfortunately passed. The car has been now in our driveway for almost a year, father in law found the title and sent it to us, he lives overseas as well. I know that we could get a lawyer and go to probate court to settle this thing however the car is probably worth 3k and I have a feeling getting a lawyer and going through probate might cost us more. My wife is the only next of kin living in US, we figure we can just sell it or keep it as our daughter will start driving soon buy don't know even where to start with this process. Anyway to deal with it without involving a lawyer and courts?

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kberson t1_jeawauc wrote

I’m no legal expert, far from it, but it seems to me FIL would be her beneficiary and receive all of her estate. He could sign over the title to you, at which point you could sell it.

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oledawgnew t1_jeawv9o wrote

>Anyway to deal with it without involving a lawyer and courts?

Not sure what the issue is here. A copy of the death certificate and a letter from your father in law could have just signed the car over to you on the title. That with a copy of the death certificate would have probably been enough for DMV. If you called DMV they could probably give you an answer about how to take care of it.

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Frozenlazer t1_jeaxj6s wrote

The issue is that the father-in-law might not be the legal owner of the car. Sure for most people their entire state passes to their spouse but it doesn't have to be that way. If the father-in-law is the legal owner then sure what you propose is exactly what I would suggest as well.

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oledawgnew t1_jeayi6o wrote

Understand the issue of legal owner. But I'm sure the DMV can tell them how to proceed with more accuracy than us guessers on Reddit--surely this is not an uncommon issue for DMV.

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Frozenlazer t1_jebiwph wrote

DMV is defintlely not going to give legal advice on how to settle an estate. Hell around here they can barely provide guidance on how to do things that are their core business.

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oledawgnew t1_jebklh5 wrote

>DMV is defintlely not going to give legal advice on how to settle an estate.

Probably not but I'd definitely start there before spending money on a lawyer. Besides OP isn't looking for advice on how to settle an estate, just want to know options on getting rid of a car that's titled to a deceased person. If DMV can't help the only thing lost is time spent on the phone. In the county I live in we have a very good DMV that falls under the tax office.

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1955photo t1_jeb5gxc wrote

I am pretty sure your FIL will have to get the title assigned to him and then he will transfer the car to you. BUT he can possibly do this by giving you a power of attorney to deal with this issue.

You may have to send some documents back and forth so they can be notarized but it can be done. I am sure you will need a death certificate for your MIL.

This is worth a modest legal fee to get it done right, if for no other reason than to get it out of your driveway.

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