Legal Question in Wills and Trusts in New York

HI

my mother passed away in August of 2013. She had a revocable Trust, and I was named the successor trustee, as well as the beneficiary. Most of the assets have passed to the estate and then to me, but I am having trouble with a car. My mother owned a 95 Lexus, titled in PA. I live in NYC, when I took the title and the application to transfer tittle to me in NY state, I was told I should apply for a title in PA. So I called up PA DMV and they told me they cannot put me on the title since I am not a resident of PA. The NY DMV told me I need a letter of testamentary to process the title change. Is this true, with a Revocable Trust? I'm unclear also where and how to secure a letter of testamentary in NYC. I mean NYC is a big place and I'm not sure which part of city hall to approach?! thanks The car is only worth about $3000, but I presume I would have these same issues if I donated the car to charity as well. But I am unsure how to get the car titled in NY under my name in the most efficient and cost effective way. UGH.


Asked on 5/13/14, 12:42 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Try small estate proceeding in your Surrogates Court.

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Answered on 5/16/14, 2:59 pm
Walter LeVine Walter D. LeVine, Esq.

Since the car is not registered in the name of the trust, but was in your mother's name, you need a Surrogate's Certificate. If there is a Will and it was probated, the Executor can do this. If there was no probate and no Will, a small estate administration proceeding is done at the Surrogare's Office, in the County where Mom resided when she passed away. Call them first to see what documents you need to bring with you.

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Answered on 5/17/14, 11:21 am


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