Estate Law Questions? Ask an Estate Lawyer.
Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! My sympathies to your family. Only the executor has authority to dispose of/transfer estate property. The executor will need to complete the following form http://www.dmv.state.va.us/webdoc/pdf/vsa24.pdf.
The executor would need to transfer title to you, and then you could then transfer title to your friend. It is not possible to transfer it directly from the estate to the friend, as the laws of intestate govern the distribution of property.
The forms you will need to gift the vehicle to your friend are here:
Thank you for your prompt answer. I am concerned that my son-in-law's executor (his brother) is not the executor of my daughter's estate. Her executor would have been my son-in-law, but he never exercised that duty. Can it now be assumed that my daughter's property (the car) automatically became part of her husband's estate when, both being intestate, she predeceased him?
Yes, her property would have become his upon her death (based on laws of intestate succession). Generally any rule regarding survivorship only require the party to survive the other by 72 hours.