I bought a car from my aunt today, It was her sons but he passed away 1 week ago. He left no will. How do i go about transfering the car title to my name. I read i have to go to a
probate court (bronx)and then they will appoint a someone who will administer the estate to the heirs after paying out the debts of the deceased person. (how much do they cahrge of this , an estimate)
The car was payed in full but I do not know if he had any sort of debts.if so what happens then?
what stemps should i take
State/Country relating to question: New York
Nothing , i was wondering what the steps would be in order for me to register this car.
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Contact the department of motor vehicles. If the only asset he had was the car, you won't need to go through the expense and time involved with probate.
The Department of motor vehicles can transfer the car with you with a death certificate and an affidavit that they will have you complete.
"Let me ask in another way just to make sure that the answer applies to my case"1) My uncle died a week ago and left no will. His mother took charge of all his beongings including an old car (97 subaru) which she sold to me for very little money. What steps should I take to register the car and swap the title to my name, considering the fact that the state automatically owns any property left behind after death when a will does not exist or hiers were not appointed?More info: He (uncle) did leave as beneficiary to his life-insurrance: his son, (in case that information helps). Can those documents be enough to appoint his son as an hier and then have his son be the seller of the car?
Under NY laws, if someone passes away without a will his estate will be distributed as follows:
If a decedent is survived by:
(1) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation.
(2) A spouse and no issue, the whole to the spouse.
(3) Issue and no spouse, the whole to the issue, by representation.
I assume the aunt you are referring to was your uncle's wife. In which case, she received from the estate $50,000 plus 1/2 of the rest of the estate. So she had authority to sell you that car.
The following is from the NY department of motor vehicles website:
If you're the spouse and wish to transfer the title to someone else, then:
I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
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