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Question about Title transfer


jasper60103

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I bought a car from my Mom years ago, December of 2000 i think. 1988 Olds Delta 88 and very low mileage. This is truely a little old lady driven car.

Anyway, Mom signed the title and gave it to me, but the 'date of sell' and 'mileage' was not filled in. Also, I never transfered the title because I really didn't have a need for the car and it remained stored in her garage.

Mom past away Christmas Eve and now my brothers, sister and I are trying to sort things out.

So, my question is when I go to transfer the title.

The actual 'date of sell' would be over 7 years ago. Will this be a problem, or should I write in a more

recent date?

thanks,

jasper

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I had to do this with my Dad's car in Arizona a few years back. We presented a death certificate and an "Affidavit of Collection" at the DMV and they transferred the title into my name. I was the executor in his will....

Not sure what your state law may be, but there's probably something similar.

Or there's always the option of tracing an old signature and affixing an "appropriate" date - which you probably wouldn't have any problem with if there's no one in the picture that may want to challenge the transfer. Sometimes you gotta do what you gotta do...........

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Most states now asses a penalty if the title is not transferred within 14 or 15 days so you might take that into consideration with jackc's post in order to get the date correct as not to pay a penalty.

Kevin
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Most states now asses a penalty if the title is not transferred within 14 or 15 days

KHE, good point. I googled searched it. and

my state does charge a $2 penalty if Title transfer is not submitted within 10 days

of the sale.

I'm not sure if this applies to an out-of-state transfer like in my case?

In any case, I guess I will have to take the penalty. If the 'Sell Date' on the Title is after

my Mom died, I'm afraid that will get caught somewhere.

thanks, jasper

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If you are going to be executor of an estate, you are most certainly going to retain a family lawyer to advise you on estate matters. The smartest thing to do is to take it up with this lawyer as just another estate matter. If you aren't going to be the executor, then if you have a family lawyer who did your wills or helped with closing on a house or whatever, ask that lawyer. I have found insurance agents remarkably astute in any motor vehicle matter, so your auto insurance agent is a good choice if you don't want to hire a lawyer just for this.

If you don't have access to a family lawyer or an approachable or astute insurance agent, then our opinions may be good to look at. I think that you have two good choices:

1) Ignore the old transfer, which was just between you and your mom and had no effect, since the car didn't move or actually change hands.

2) Fill in the correct dates and pay the penalties.

Driving it a time or two to keep the battery up or change the oil or even to run an errand doesn't really amount to the car changing hands if the car was always garaged at your mother's residence. If you ignore the old paper transfer and transfer the title to the executor, then the executor can do what he wants within the directions of the will and the law. If you are the executor, then you are done, at least with this matter. And, you have the option of doing something else, like transferring it to a nephew to use to go to college.

If you use the old transfer, I think that $2 or $10 or $100 or whatever the penalty is for not filing the transfer way back when is small compared to, say, a day of a lawyer's time to deal with it for you if it comes up in the estate proceedings. This is a little thing. Take the high road and you'll never regret it.

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I found out the hard was about the penalty when I brought my car back from Texas. Left it in the garage for a month or 2 till my daughter could sell her '99 SLS and buy my '02. Since it was longer than 30 days ("After it was brought in state") I got nailed with a $60 penalty. Had I realized that at the time, I would have put the "appropriate" date on the form. Live and learn.

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Good info guys. I think I will enter the actual sell date.

If they question it, I'll explain the car is currently stored in my Mom's

garage (in IL.), and it has been there for over 7 years.

Also, I wasn't a resident of my current state (MN.) when I purchased it.

Also, Ranger brings up another point. The car will

still remain in IL. for a while.

I really just want to transfer ownership.

I wonder if they will require me to register it as well?

I really don't plan to move the car

to MN. just yet.

thanks, jasper

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First off, we're all very sorry for your loss....

Now then, I think if you read between the lines here, what people are trying to tell you is, write the date that will save you some cash, and get the title transferred...

From my perspective, in a past life, I used to work at an insurance company/estate planning type of outfit.... and, not to sound too cynical, but I've seen a lot of strange stuff happen in these instances. Like, for instance, someone you never heard of showing up and saying "they promised me that car!!" or boat, lake property, gun collection, Rolex, whatever...

So, not speaking as a lawyer, or an expert of any kind, my personal impulse would be to run, don't walk, to a DMV, write the "most appropriate" (smallest fee) date in there, and get a title in your name. Like, now. You're not still reading, are you?? You should be on your way to the DMV right now....

I gather from your first post that the title was in fact signed... so we're not talking about forging, we're talking about writing in a date....

If nobody is going to complain or challenge this, you'll be fine, and it won't matter.

If somebody challenges it, you'll have a title IN YOUR NAME, and they can argue about it if they want, but in the meantime, it's your car....

And if you have a funny feeling somebody might challenge it, then write the actual date, and pay thru the nose, but GET IT DONE! You need to have the title in your name, like, immediately...

Just my 2 cents.... good luck.

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