Legal Question in Wills and Trusts in Florida

parents car

both my parents passed away and i have their car which is titled in my father or mother's name. what can i do to take ownership or can i just sell it since i have the title?


Asked on 7/12/07, 11:03 am

2 Answers from Attorneys

Trey Miller Law Office of Trey E. Miller III, P.A.

Re: parents car

The car was not given to any family member in the will? Assuming no will, ownership in the car will be split between you and your siblings (if any). You may need to go to court to get an order get the DMV to put you (and siblings) on title and you should get title before selling.

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Answered on 7/12/07, 3:07 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: parents car

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You will be unable to seel the car until it is titled in your name or you are given the power to sell the vehicle by a court order in a probate of your parent's estate (whomever passed away later). If this is the only asset, then you may be able to get title through a simplified process without probate. Call your local probate court and ask them if there is a method. Also, check with the DMV and see if they can assist you in transferring title to your name.

Scott R. Jay, Esq.

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Answered on 7/12/07, 8:02 pm


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