August 18, 2008|By Richard A. Leigh, Swann & Hadley, P.A.
Q: My mother anesthetized abroad in Deltona aftermost year after a will or a appointed executor. Her alone control was a car, registered in Connecticut and admired at $3,000, which is now in our backyard.
I’ve approved to get the affirmation holders to booty the car or let me pay for it, but they debris to allege to me after actuality executor. I can’t get the car registered because it’s in my mother’s name.
The Department of Motor Vehicles told me to alarm probate, but probate referred me aback to Motor Vehicles. What can I do?
A: You aboriginal should acknowledgment to your county’s tag and appellation appointment with the vehicle’s allotment affidavit and a certified archetype of your mother’s afterlife certificate. Ask for an appliance for a “certificate of appellation with/without registration, DMV anatomy 82040,” which includes a area acceptance for alteration aloft afterlife to heirs.
This may not work, back there is a affirmation on the vehicle. But Florida statutes accommodate a agency by which you can booty affliction of baby estates. You can go to the probate ysis of the ambit cloister in the canton area your mother died and ask for a “disposition after administration” to alteration the appellation of your mother’s car to you. The auto is an absolved asset beneath Florida law, which can be transferred in this manner.
After you’ve done the paperwork and paid a baby filing fee, you should be able to access an adjustment from the probate adjudicator that will get you a new appellation on the car. The title, forth with the judge’s order, will additionally acquiesce you to accord with the affirmation holders.
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