Legal Question in Wills and Trusts in Missouri

No Will, Not Married, No Children, what about the car

Aunt passed away with no will. She was never married and has no children. There is no realestate. All polices have beneficiaries. The car is titled in her name only. It was a gift from a sister about a year ago. All remaining 5 siblings are all in agreement about the car and other assests such as household items. Does it have to go to probate? How would they get it retitled? etc...


Asked on 4/22/03, 9:47 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: No Will, Not Married, No Children, what about the car

Under teh situation you described, it sounds like the Probate Court is the best avenue, despite what automatic aversion you feel. The reason is primarily because of the titling issue. If the car was in your aunt's name, the title won't be changed to someone elses name without an order from the Probate court. That leaves you with someone possessing a vehicle that they cannot title, and therefore probably cannot get valid liability insurance for.

If the tags that you aunt had are still valid, the agreed upon person might be able to drive it temporarily, IF they have insurance under another car that would also cover the aunt's car while they are driving it.

If you are concerned about the vast expense and formality of a probate estate, there may be a simpler solution. If it has been atleast six months since the aunt past away, you may file a "Determination of Heirship" Pettion in the County where Aunt resided, or where the car is. It may not be ruled on until aunt has been dead a year, but it could give the car to one specific person, or shared by persons. Ther are many more intricacies. Therefore, I suggest you contact an attorney in your area to explain the process further.

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Answered on 4/23/03, 4:04 pm


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