Legal Question in Wills and Trusts in New York

My brother inherited my mother's car and needs to transfer the ownership into his name. It states in my mother's will that she APPOINTED me to be her executor, is that all that we need to attach to the paperwork from the DMV in New York State or do I need a notarized letter of administration to release the ownership of the car from my mother's estate to my brother?


Pamela L LaVigne

Bradenton, Florida

Asked on 4/02/11, 9:30 am

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

You need to apply to the Surrogate's Court in the county where your mother resided for Letters Testamentary appointing you as Executor. Then you can transfer the car to your brother. The forms are available online.

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Answered on 4/02/11, 11:57 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Arnold, although the necessity to probate the Will depends upon what assets of your mother need an Executor to transfer them. Presuming the car is the only asset, there is a small estate procedure that can be used to get the form needed by DMV to transfer the car. Otherwise a Surrogate's Certificate must be used.

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Answered on 4/04/11, 8:08 am

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