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Car Of Deceased: Can Still be Used ? (Wills & Trusts)

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• Mon, 10 May 2004 19:56:00 GMT(1)
• "Gordon Burditt" <gordonb.mgwmz@lawknowledge.org.burditt.org> wrote in message
  news:c7ovu3$pvs@lawknowledge.org.library1.airnews.net...Live in Mass.When someone passes on who had a car that was used by various familymembers, what happens ? I was in this situation once. My father died. My mother, who inherited the car but who never had a driver's license, and my siblings decided that I was the most in need of the car since my current one was old and in very bad shape. So my mother gave it to me. I don't recall the details relating to the estate, but since everything went to my mother, there was little room for squabbling over the assets. I checked with my insurance company. My (Texas) insurance would cover me while I drove that car, but my father's insurance (Pennsylvania) was still supposedly in force for a while. Keeping both up for a couple of weeks wouldn't cost that much. I flew up to the funeral and drove the car back to Texas. I brought back with me a letter from my mother transferring ownership to me, the old (PA) title in his (or perhaps it was both?) name, and some other old paperwork related to when my father purchased the car. The insurance company had been notified in advance I was doing this. I brought the car to a Texas inspection station, which filled out a form identifying the car (accurate VIN number, make, model, etc.) and gave it a Texas inspection. This, plus some money for fees was sufficient to get the (Texas) title started and registration in my name. I sold the old car for scrap and had my insurance permanently transferred to the new (well, new to me) car. My mother cancelled her (his) insurance. I think this took no more than a week, including 3 days of travel time. And I was still using the car daily. Then I continued using it. The fact that it took a while for the actual title to show up wasn't an issue: I had a receipt for the title, registration, and insurance all in my name. It was important to get my mother off the hook for accidents I might have. She's a bigger lawsuit magnet than I am financially. The title showed up something like 6 weeks later. So did a parking ticket for my old car, dated a month after I sold it. That turned out to be fairly easy to deal with, since I had a receipt for selling it. I don't think the time you get the title matters; it's the effective date of sale that counts.Can the car still be used if insurance kept up until will is probated, orcar title changed (somehow), which can of course take months ? If the estate still owns the car during this period, there is an issue of liability of the estate for accidents. Yes, keep the insurance up. A very bad accident could drain the estate. Gordon L. Burditt
  
  We did basically the same thing. My brother wound up with my father's car.
  All that's really necessary is a clean title and Power of Attorney to
  transfer the title.
• Mon, 10 May 2004 15:32:00 GMT(2)
• >Live in Mass.When someone passes on who had a car that was used by various familymembers, what happens ?
  
  I was in this situation once. My father died. My mother, who
  inherited the car but who never had a driver's license, and my
  siblings decided that I was the most in need of the car since my
  current one was old and in very bad shape. So my mother gave it
  to me. I don't recall the details relating to the estate, but since
  everything went to my mother, there was little room for squabbling
  over the assets.
  
  I checked with my insurance company. My (Texas) insurance would
  cover me while I drove that car, but my father's insurance
  (Pennsylvania) was still supposedly in force for a while. Keeping
  both up for a couple of weeks wouldn't cost that much.
  
  I flew up to the funeral and drove the car back to Texas. I brought
  back with me a letter from my mother transferring ownership to me,
  the old (PA) title in his (or perhaps it was both?) name, and some
  other old paperwork related to when my father purchased the car.
  The insurance company had been notified in advance I was doing this.
  I brought the car to a Texas inspection station, which filled out
  a form identifying the car (accurate VIN number, make, model, etc.)
  and gave it a Texas inspection. This, plus some money for fees was
  sufficient to get the (Texas) title started and registration in my
  name. I sold the old car for scrap and had my insurance permanently
  transferred to the new (well, new to me) car. My mother cancelled
  her (his) insurance. I think this took no more than a week, including
  3 days of travel time. And I was still using the car daily.
  
  Then I continued using it. The fact that it took a while for the
  actual title to show up wasn't an issue: I had a receipt for the
  title, registration, and insurance all in my name. It was important
  to get my mother off the hook for accidents I might have. She's a
  bigger lawsuit magnet than I am financially. The title showed up
  something like 6 weeks later. So did a parking ticket for my old
  car, dated a month after I sold it. That turned out to be fairly
  easy to deal with, since I had a receipt for selling it. I don't think
  the time you get the title matters; it's the effective date of sale
  that counts.
  Can the car still be used if insurance kept up until will is probated, orcar title changed (somehow), which can of course take months ?
  
  If the estate still owns the car during this period, there is an issue
  of liability of the estate for accidents. Yes, keep the insurance up.
  A very bad accident could drain the estate.
  
  Gordon L. Burditt
• Mon, 10 May 2004 15:49:00 GMT(3)
• "Robert11" <rgsxrose@lawknowledge.org.comcast.net> wrote in message
  news:pZOdnatDWsVbRALdRVn-uQ@lawknowledge.org.comcast.com... Hello. Live in Mass. When someone passes on who had a car that was used by various family members, what happens ? Can the car still be used if insurance kept up until will is probated, or car title changed (somehow), which can of course take months ? Thanks, Bob
  
  The title will have to be changed to a living person.
  That should only take a few days or a couple of weeks at the most, not
  months.
  Ask your local DMV how to handle changeovers with a deceased driver.
  My father died in February and by the end of April, all probate had been
  taken care of.
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