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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110540
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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This question involves an issues of transferring the title

Customer Question

This question involves an issues of transferring the title of my mother's car from her to me in another state.
My 85 year old mother has come to live with me. I live in Baton Rouge, LA and she has moved her from Salina, KS where she lived for 20 years. My father died in 2009 and she lived alone from from then until last year when she came here. She owns a 2005 Dodge Caravan which was the last car she purchased with my dad. It was paid off a few months after my dad passed, and the lien was satisfied, but mom never got the title. In the months since she has been here, I ordered the title so we have it now.
So, since mother no longer drives and the car is now in Louisiana, she decided that she wants to donate the car to me, her daughter, and then I'll get Louisiana tags.
So, we went to the OMV this morning and ran into a big problem. The title is in both my mother and my father's names and even though it does say, "and/or", the guy at the omv said that Louisiana isn't an "or" state, it's only an "and" state. He said that the car is now owned by my mother and all the heirs (who are myself and my 4 brothers). And that we would have to have some kind of succession to satisfy that.
While I'm pretty sure that my bothers would not have a problem giving up their 1/10th right to this old car, I'm clueless as to how to proceed to take care of this. If someone could please help me, I'd appreciate it.
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, for simplicity it would be best for you to take the time to go to KS and your mom can give you a bill of sale donating the car to you and you transfer the title into your name in KS. Then once you have the KS title, it does not matter any longer in LA, you can bring the KS title to LA and the LA DMV will allow you to title and register the car in LA.
You cannot even do succession in LA, since your dad did not die in LA, it would have to be done in KS and that is overly complicated for an "Or" title. You just need to get your mom to sign the title and transfer it to you and you need to get the transfer done in KS and once it is done in KS you bring it back to LA and they will transfer and register it in LA.

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