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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My son had a car given to m by a friend, the car had been

Customer Question

Hi my son had a car given to him by a friend, the car had been part of their family for years and the family was about to junk the vehicle, the last known owner is deceased and the friend cannot locate the title. Is it possible to get a vehicle titled in this scenario?
JA: The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Is there anything else the Estate Lawyer should be aware of?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Taylor replied 5 months ago.

Hi, my name is ***** ***** I would be happy to help you with your question! are you just wondering how you can get title to the vehicle?

Expert:  Taylor replied 5 months ago.

California law allows an heir to transfer title of a vehicle if the deceased person’s estate is not going through probate or awaiting probate of a will. Is the family friend dealing with probate/ or a will?

Expert:  Taylor replied 5 months ago.

The heir needs to fill out a form called “Affidavit for Transfer Without Probate-California Titled Vehicles or Vessels Only (REG 5).” The DMV website has a page explaining the process that those in the Curtises’ situation should follow: http://dmv.ca.gov/pubs/brochures/howto/htvr2.htm

That Web page offers instructions and information about forms and fees, and links to the relevant forms. It also points out that if the vehicle’s registration expires within the 40-day waiting period, “renewal fees should be deposited to avoid penalties.” Also, “transfers between parents and their children, between husband and wife, between grandparents and their grandchildren, are exempt from the transfer smog certification requirements. However, if registration is due, a biennial smog certification may be required and must be submitted with the transfer application

Expert:  Taylor replied 5 months ago.

would you like me to explain the transfer process w/o probable?

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