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  1. #1
    Join Date
    Jul 2017
    Posts
    7

    Default Transfer of Title After Inheriting a Vehicle

    Greetings,

    I am hoping that someone can help point me in the right direction. My grandfather passed away from lung cancer and he had a will and a trust. My Mother and my Aunt are the executors of his will. There was no probate because of his trust. He owned a vehicle outright that was not in the will or trust, however, there is a section of the will that explains any assets not in the trust or will can be given to whomever at the sole discretion of the executors of the will. He lived and died in Texas in Dallas County and the vehicle is titled in Texas. I live in Florida and have the vehicle here with me. I went to transfer the title here in Florida, they told me I had to have the title transferred in Texas in my name prior to titling the vehicle in Florida. I spoke to the comptroller office in Dallas county and the director told me that the state of Texas will not issue me a title because I do not own a residence in Texas. I feel as though there must be an error in the State of Florida. Do any of you have any experience with this matter? Thank you in advance for your response.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,434

    Default Re: Transfer of Title After Inheriting

    Well, none of them are going to issue a title regardless of which state and where you live. There are legal mechanisms for transferring a tile from an estate. Given you are recieving the car based on a directive in the will, probate must be opened and the executor/administrator/ personal representative will transfer the title to you as the administrator of the estate. You can then take the endorsed title to the Florida dmv and have it transferred to you.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,791

    Default Re: Transfer of Title After Inheriting

    There is no error in either state.

    If your mother and/or aunt live in Texas there are a couple of options for one of them to take title in one of their names and then sign the new title over to you.

    See Chapter 16, starting with 16.4 Estates of Decedents for those options in the Texas Motor Vehicle Title Manual:

    https://duckduckgo.com/l/?kh=-1&uddg...0-title-manual

    If that's not workable you might be able to post a bond in Florida and get title without probate.

    See FL statute 319.23 (7):

    http://www.leg.state.fl.us/Statutes/...s/0319.23.html

    Here's the bond form:

    https://www.flhsmv.gov/pdf/forms/82033.pdf

    Here's the affidavit:

    https://www.flhsmv.gov/dmv/forms/BTR/82026.pdf

    Take all three to the FL DMV and say: I want to post a bond to get a Florida title.

    If you qualify you'll be given further instructions.

    Good luck.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,211

    Default Re: Transfer of Title After Inheriting

    Quote Quoting jrcable18
    View Post
    My Mother and my Aunt are the executors of his will. There was no probate
    Then they weren't actually executors of anything. They were probably nominated in the will to serve as co-executors. However, if there was no probate, then they aren't/weren't actually executors.


    Quote Quoting jrcable18
    View Post
    He owned a vehicle outright that was not in the will or trust, however, there is a section of the will that explains any assets not in the trust or will can be given to whomever at the sole discretion of the executors of the will.
    Ok, but without probate, any transfer made by either or both of your mother and aunt will be invalid. They need to be appointed as executors in order to do a valid transfer, unless Texas law has a streamlined procedure for small estates that would allow them to avoid probate. I would suggest that they google something like "texas small estate procedure."


    Quote Quoting jrcable18
    View Post
    I went to transfer the title here in Florida
    Why would you think that you would be able to transfer title? Or did you neglect to tell us that your mother and/or aunt signed over the title? Ultimately, if your mother and aunt want you to have the car, then it's incumbent on them to handle transferring title. If they don't understand how to do that, they should retain a probate attorney.

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