Trying to transfer title of mom's car after death from NY state. Help!
just drive it and maintain car insurance and wait it out ? if tags are up to date and you have registration what could happen
Go to NY, transfer to your name @ NY DMV, then register in NJ at your convenience?
new207040's idea would probably work indefinitely too.
Condolences on the death of your mom, carolanne, plus sympathy for you as the-one-who-gets-the-practical-stuff-done.
This is not my bailiwick. Are you the executor of her estate?
If you get Letters Testamentary from NY , you should be able to transfer the title, to you in NJ.
Sell car in NY State and then take $2k and buy a used car in NJ? A lot of hassle but legal?
Sorry to hear your mom passed.
Sounds like you need proof that you are executor and your mom's death certificate.
Why can't you go to surrogacy court to do this?
What about using your testamentary powers to transfer the title to your name in NY, then simply have the registration switched to you in NJ?
It's two steps, but it sounds pretty simple to me.
Wow! Didn't expect any replies. Thanks all for the ideas. My brother has just been driving it and I have used it when I have gone up there (fingerlakes), but the insurance runs out soon and I think the registration runs out this fall too. I can't title it in NY because I don't live in NY. I thought of transferring it to one of my brothers and then transferring it to me, but since titles get mailed and can take quite awhile, this might not work.
We close on mom's house within the next week and I was hoping to get the car then since it is still parked there. I will drive it here still registered in her name, but will need to get it registered here soon.
I could sell the car there, but though blue book says it's only worth 2k, I trust it much more than I would any used car that I could buy for 2k. My mom was the only owner and was meticulous with it's care. I know how she drove and how well she took care of the car, so I trust it much more than I would most cars of this vintage. Also, I would have to put my bros in charge of selling it, in which case it is only fair that they get the money or that we split it.
I can go to surrogacy court, but was trying to avoid it. It looks like I can do the affidavit myself and maybe even efile, or take it to the county courthouse while I'm up there for closing. I can do it as a small estate (under 30k) so it look pretty easy. House was not in mom's name and car was her only asset.
My understanding is to use my Testamentary Powers, I have to have a letter from the surrogacy court. NJ DMV won't recognize my right to sign the title over without the certified letter from the surrogacy court. The thing I feared was a challenge was the fact that I would have to file in a court that is 5 hours away or pay the lawyer to do it for me. If I can do it while I am up there or do it online, this makes things much easier.
Just annoying that NJ makes it so difficult when NY would make it easy.
If your brother lives there and already drives it, does he want it? Seems like an easier solution. Then he'd get $1000 less after house closes and problem solved hassle fre
conandrob240 said:
If your brother lives there and already drives it, does he want it? Seems like an easier solution. Then he'd get $1000 less after house closes and problem solved hassle fre
She wants the car and it's worth more to her than the current blue book value.
Sure but if there is a big hassle involved, it may not be worth it for a car worth $2k
We've talked about it. Neither brother needs it. My brother used it some as he was moving because it was bigger. He has a nicer newer car and no need money or space for a second.
We weren't going to take it, but our minivan really needs to be put out of it's misery and yet we aren't in a position to take on a car payment right now. My brothers have both gotten at least their share or more of mom's things, so they have no issue with me just having the car. We have really all gotten along fairly well through this whole process and this just felt right. If it turns out filing in surrogacy court is more difficult than it currently appears I could suggest to my bros that I transfer it to one of them. They can use it or sell it and keep the money. Goodness knows they need it. My husband and I can go back to only having one car for awhile if we must. It just felt like mom helping us out one last time. In fact she mentioned before she died that she wanted us to have the car.
I agree then to see if you can get the title transferred easily. Your mom wanted you to have it.
Another idea might be to let a brother gain the title if it's much easier in NY and then he can "sell" the car to you for a $1. Would that make it easier
I would ask one of the brothers to go to Motor Vehicle right away and ask them what to do. And I suspect if the transfer of title is in progress when time runs out, but no one is driving it, you can just wait it out and no one will mind. Transfer to one of your brothers, then to you.
In CT, when I transferred title from my mother to me for her car (she was alive still, so she signed the title over to me) they didn't require any kind of "purchase," since it was a close relative, but I'm not sure of the restrictions on that. At the time, the car was registered in NY, but I was moving the title and registration to CT. It was very easy for me, but then again, I did have her signature. What I mean by that is it might not be as difficult as you think, but you need to ask the right people (i.e., NY DMV).
The only difficulty is that I think the car won't be drivable while we are waiting for my bro to get the title from the state which can take months. I will ask the NY DMV when I go up there. If I had been smart we would have done this when mom was still alive. I had POA then and could have done it myself or as you did had my mom do it. Honestly I didn't think we really wanted the car and things were not as worked out with my bros so it was not the time diplomatically to do anything.
I have filled out the affidavit for a small estate thing at the surrogacy court. It should be no big deal to file it and then wait for their letter to take to the dmv. I think. I'm sure mom's lawyer can help me with it if I need it, but I may not need it.
Thank you all for your ideas.
Can you drive it back when you are there for the closing? It will still be registered and insured and all that, just under your mother's name. Just make sure you have all the documents you need with you, just in case you are stopped for some bizarre reason. Then you could go through the procedures with the car sitting at your house. You'll already have physical possession, and can go through the formalities at your leisure.
The DMV doesn't really care where the car is. The only catch would be you should not drive it once the current registration expires, until you get the new title sorted and the registration renewed in someone's name.
Mom passed away in March. She lived in NY. I am her executor. The only asset she really had left was her car (only worth about 2k). We want to transfer the title to me her in NJ. Because she really had no assets at the time of death, there is nothing to probate, so no need to go to court. In NY, the executor can transfer the title of one car worth less than 25k right at DMV. In NJ, you have to have a letter from surrogacy court to transfer the title. It's really not worth paying my lawyer to go to court for a used car that's not worth much. Our second car is dying and it would be really nice for my husband to use mom's car as his station car for a year or so before we take on another car payment.
I can't figure out a way to do this that makes sense. Anyone have any clue?
Really wish I had done this before she died, but lawyers were telling me to wait for approval on her medicaid application first. We have gotten the initial letter, but are still waiting on the final approval. sigh....