Minnesota | Wills and Trusts
Legal Question
Probate
Can I sell my father's car after his death if he owns it free and clear?
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Read More Answered By: David Kelly-952-544-6356 |
Re: Probate Well, that's an interesting one line question with very little background information. To answer it I have to make some assumptions. I am assuming that the vehicle is in your father's name alone with no other names on the title. I am assuming that you have not opened a file at probate court and that nobody is appointed as personal representative of the estate.
If all that is true, the answer is no. The car is your father's, not yours, and he's no longer here to sell it. You need to get someone appointed to act on his behalf - that's what probate is.
OR, if the "probate estate" is worth less than $20,000 - and you might have a situation like that - there is an affidavit to collect assets that you can do to get the title transferred to whoever your father's rightful heirs are. Then THEY can sell the car.
You would profit by actually talking to a lawyer who does this kind of work. You might need to go to probate or your might not. My answer may be of value or it might be all wrong, depending on how close I was to being right on the part of the story I had to guess at. |
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