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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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My child passed and car not paid for. How do I get the car

Customer Question

My child passed and car not paid for. How do I get the car in my name for insurance purposes in Louisiana?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You must submit the validated "Affidavit of Small Succession", along with the descriptive list of property, which must include a description of the vehicle in question.

If the requirements for opening a succession or the filing of a small succession cannot be met, it will be necessary for the heirs to complete an "Affidavit of Heirship." This form must be accompanied by a photostatic copy of the death certificate. If the decedent died testate (executed a will), a copy of the will or a notarized statement of its contents relevant to vehicles must be submitted. The notarized statement must be made and signed by the one in possession of the original will.

In addition to these requirements, the following documents may be necessary:

  1. Vehicle Application form (DPSMV1799) for title properly executed by the recipient of the vehicle.
  2. Certificate of title, if available. If the issue date of the title is January 1, 1990 or later, the assignment of title must be completed by one of the heirs and the recipient of the vehicle and notarized.
  3. Current certificate of registration, if available.
  4. Notarized bill of sale or act of donation from all heirs to the recipient of the vehicle.
  5. Federal odometer disclosure statement completed by buyer and seller on vehicles within ten model years.
  6. If the decedent's title reflected a lien, you must submit a satisfaction of lien written on the lienholder's company letterhead. The letter must include name, address, and telephone number of the lienholder.
  7. If a lien is to be recorded in the new owner's name, you must submit a completed UCC-1 or Security Agreement showing a full description of the vehicle. When a UCC instrument is submitted to record a lien, include a $15.00 recordation fee. When any other lien instrument is submitted to record a lien, include a $10.00 recordation fee.
  8. Check or money order to cover $68.50 title fee and $8.00 (Fees may vary) handling fee. License plate fees vary depending on the type and value of the vehicle. Please indicate driver's license number of responsible party on all personal and company checks.
  9. If the vehicle is being sold, sales tax is due based on the selling price of the vehicle. The percentage of sales tax due is determined by applicant's domicile.
  10. If an heir is an out-of-state resident and the state of residence will not accept the Louisiana Affidavit of Heirship, written documentation from that state indicating that the Louisiana Heirship form will not be accepted must be submitted with the file.
  11. All files with a date of sale on or after August 1, 2012, must include a copy of the vehicle owner's current and valid photo identification. The photo identification provided should be a driver's license or identification card issued by this state, another state, or by the United States military.


Acceptable methods of payment for vehicle registration transactions are as follows:

Face to Face Transactions:
Credit cards, debit cards, cash, money orders, electronic funds transfer and E-checks. A transaction fee will be assessed for payments made with a credit/debit card and E-checks as indicated below:
Credit/Debit - $1.25 plus 1% of transaction total
E-checks - $1.00

MAIL IN FILES:
Personal or Business Checks (A drivers license number, telephone number, and street address must be included or your check will be returned)
Cashiers Checks
Money Orders

Here is the small estate affidavit you need to start here.

http://www.appleseednetwork.org/wp-content/uploads/2012/08/Affidavit-of-Small-Succession-2012_Louisiana.pdf

Once title is transferred contact lender and notify them with a copy of affidavit and death certificate and they allow you to assume the loan.

I am sorry for your loss of loved one.I appreciate the chance to help you today.Thanks again.

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