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How to Transfer the Title of a Deceased Person's Car

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  • 08-27-2014, 09:08 AM
    1JHHolbrooks
    How to Transfer the Title of a Deceased Person's Car
    My question involves vehicle registration or title in the state of: South Carolina.
    I am purchasing a 1988 jeep from a man in North Carolina. Although the title is a female, one owner, who is now deceased. I was told that the man has the "power of attorney" or "executor of estate." How do I get the title transferred to me and what paperwork would i need? Do i need a notary?
  • 08-27-2014, 09:25 AM
    Mr. Knowitall
    Re: How to Transfer the Title of a Deceased Person's Car
    If in fact the person is selling the vehicle as personal representative of the estate, that will be clear on the documentation transferring the vehicle. A power of attorney doesn't survive the death of the person who granted power of attorney. With this person suggesting that it's one or the other, it may well be that they have no legal authority to transfer title to you.
  • 08-27-2014, 09:49 AM
    adjusterjack
    Re: How to Transfer the Title of a Deceased Person's Car
    Quote:

    Quoting 1JHHolbrooks
    View Post
    My question involves vehicle registration or title in the state of: South Carolina.
    I am purchasing a 1988 jeep from a man in North Carolina. Although the title is a female, one owner, who is now deceased. I was told that the man has the "power of attorney" or "executor of estate." How do I get the title transferred to me and what paperwork would i need? Do i need a notary?

    I suggest that you get yourself down to your local DMV office and tell them you are buying a car from an estate in another state and ask what forms and documentation you will need.

    Meantime, I would insist on copies of the seller's court papers that confirm his authorization to act as executor or representative of the estate.

    One alternative is have him bring the car to SC and you both go to the DMV and make sure you can get the title transferred before you give him any money.

    If he's not willing to cooperate or tells you more stories, then walk away from the deal.
  • 08-27-2014, 09:55 AM
    1JHHolbrooks
    Re: How to Transfer the Title of a Deceased Person's Car
    Quote:

    Quoting Mr. Knowitall
    View Post
    If in fact the person is selling the vehicle as personal representative of the estate, that will be clear on the documentation transferring the vehicle. A power of attorney doesn't survive the death of the person who granted power of attorney. With this person suggesting that it's one or the other, it may well be that they have no legal authority to transfer title to you.

    I have seen the title. It looks like any other title. The man is the womans son is supposed to be her heir. So far i have not seen any documentation of him being so but i will request it. I just dont exactly know what the documentation will need to be or look like. North carolina requires all sales to be notarized. South carolina only requires the signatures, date, and price. But there is no information about what is required to purchase from an heir and not the title owner directly.
  • 08-27-2014, 10:05 AM
    adjusterjack
    Re: How to Transfer the Title of a Deceased Person's Car
    Quote:

    Quoting 1JHHolbrooks
    View Post
    I have seen the title. It looks like any other title. The man is the womans son is supposed to be her heir. So far i have not seen any documentation of him being so but i will request it. I just dont exactly know what the documentation will need to be or look like. North carolina requires all sales to be notarized. South carolina only requires the signatures, date, and price. But there is no information about what is required to purchase from an heir and not the title owner directly.

    You're taking a risk that you'll buy the car and then not be able to title it. Once the seller has your money, he's gone and good luck getting anything else from him.

    If you don't know what documentation is needed by SC, GO TO the DMV office and ask. They will tell you.

    Otherwise, follow my suggestion to have him bring the car and the papers to an SC DMV office before you give him any money.
  • 08-27-2014, 10:07 AM
    1JHHolbrooks
    Re: How to Transfer the Title of a Deceased Person's Car
    Quote:

    Quoting adjusterjack
    View Post
    You're taking a risk that you'll buy the car and then not be able to title it. Once the seller has your money, he's gone and good luck getting anything else from him.

    If you don't know what documentation is needed by SC, GO TO the DMV office and ask. They will tell you.

    Otherwise, follow my suggestion to have him bring the car and the papers to an SC DMV office before you give him any money.

    Okay. I will go up to the SCDMV and talk to them about it and then also go to the NCDMV and ask. Thank you all for the help!
  • 08-27-2014, 12:01 PM
    flyingron
    Re: How to Transfer the Title of a Deceased Person's Car
    I can tell you that the NC DMV will tell you that only the PR or Executor is authorized to sign and they'll want letters testimentary to show who that is. An heir *DOESN'T* own it unless it has been titled to them first. Just because he would be the one that the car went to under the will/intestate succession means SQUAT to the DMV (and you).
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