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  1. #1
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    Default Bought Car with Deceased Persons Name on Title - Did Not Get 130-U Form

    I bought a car in texas from a family member of the previous owner who was deceased. The family member was not the executioner, but did have permission to sell the car. The car was not in any will according to him and currently has a clean car fax saying it has a clean title, never been stolen, etc. The title was signed by the deceased person before they died, however there was no 130-U form provided at the time of sale, and the seller is being complicated. The fact is, he is not the previous owner so he cannot get me the 130-U form. My questions is, do I need the 130-U form? Or do i need to apply for a bonded title? If I get the seller to "provide me with a signed 130-U form" is there any reason that the dmv will determine that the previous owner is dead and reject my title transfer? I did not realize that there was extra documents required to correctly transfer a dead person's title...

  2. #2
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    Default Re: Bought Car with Deceased Persons Name on Title - Did Not Get 130-U Form

    Quote Quoting texantech
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    I bought a car in texas from a family member of the previous owner who was deceased. The family member was not the executioner, but did have permission to sell the car. The car was not in any will according to him and currently has a clean car fax saying it has a clean title, never been stolen, etc. The title was signed by the deceased person before they died, however there was no 130-U form provided at the time of sale, and the seller is being complicated. The fact is, he is not the previous owner so he cannot get me the 130-U form. My questions is, do I need the 130-U form? Or do i need to apply for a bonded title? If I get the seller to "provide me with a signed 130-U form" is there any reason that the dmv will determine that the previous owner is dead and reject my title transfer? I did not realize that there was extra documents required to correctly transfer a dead person's title...
    Its "executor" not "executioner". I would hope that a family member would not have executed the deceased person.

  3. #3
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    Default Re: Bought Car with Deceased Persons Name on Title - Did Not Get 130-U Form

    If the seller was not the executor for the estate, they cannot transfer then title to you. They would need to title the vehicle in their name and once the obtain a title in their name, transfer it to you.

  4. #4
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    Default Re: Bought Car with Deceased Persons Name on Title - Did Not Get 130-U Form

    LOL, executioner... Well, you never know, could be both in this case. Anyways, I understand that if the seller was not the executor, they can't legally transfer the title, but the seller is being complicated and not cooperating so I don't really want to deal with him, and don't know the details about who her executor is. Will the dmv realize that the previous owner is dead and flag the title if the proper forms are not provided from the executor?

  5. #5
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    Default Re: Bought Car with Deceased Persons Name on Title - Did Not Get 130-U Form

    Your missing the point. Nothing you have said shows the person had the legal right to sell the car. He surely has no right to skip or jump the title. He was required to obtain title in his name first.


    The best you you can do is demand a rescission.

  6. #6
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    Default Re: Bought Car with Deceased Persons Name on Title - Did Not Get 130-U Form

    I am not missing the point - you are failing to listen to what I am asking - if you cannot answer that, then there is no need for you to waste your time by reiterating what you have already said. I understand that the deal was not done the correct way and I understand how it should have been executed from a legal perspective. I'm asking - will the dmv recognize if the previous owner is dead and flag the title since it was not released by the executor? If so, i will just apply for a bonded title and take my chances that no one will come back looking for the vehicle. It was like a 2000 dollar car, i'm not going to take anyone to court if I do not have to.

  7. #7
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    Default Re: Bought Car with Deceased Persons Name on Title - Did Not Get 130-U Form

    For all you know the car is stolen and the guy you bought it from forged the decedents signature. There is no way to tell what might actually happen. It would be a guess at best.

  8. #8
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    Default Re: Bought Car with Deceased Persons Name on Title - Did Not Get 130-U Form

    I've had the car for quite some time now and the car fax still shows the car with a clean title. If it was stolen, it would also show up in the dmv stolen car registry. Thank you again for your helpful response.

  9. #9
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    Default Re: Bought Car with Deceased Persons Name on Title - Did Not Get 130-U Form

    Quote Quoting texantech
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    I've had the car for quite some time now and the car fax still shows the car with a clean title. If it was stolen, it would also show up in the dmv stolen car registry. Thank you again for your helpful response.
    It won't show up stolen until somebody reports it. Just because it hasn't been reported doesn't mean it wasn't stolen. It happens all too often with deceased people. They don't complain a lot so until the executor realizes what has happened, it doesn't get reported.



    One clue is when the seller says; I have permission to sell it even though it is obvious they don't, you know, like what happened in your situation .


    to your question of: will the DMV realize that what I am doing is illegal; you'll have to take your chances.

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