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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2850
Experience:  30 years of experience
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I daughter mother passed away. Her mother has debt and also

Customer Question

I daughter mother passed away. Her mother has debt and also has a car, that is fully paid for. Is the car an asset and how can my daughter obtain the rights to the car.
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Customer: That is my Daughter mother
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: not to my knowledge
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  Gerald, Esq replied 1 month ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 1 month ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Under California Law the car may be transferred to your daughter without going through Probate 40 days after the owner's death if the value of the deceased's estate in California does not exceed $150,000.

Here is how:

1) Sign the California Certificate of Title. The heir must sign the deceased registered owner's name and countersign on Line 1. If the heir is to be the new owner, she completes and signs the back of the title.

2) Complete A Certificate of Transfer Without Probate form (REG 5.. This form is available from the DMV. It is completed and signed by the heir (your daughter).

3) Complete the Odometer Disclosure Statement if necessary. If you have an older title or ownership certificate without an odometer certification box, or if the vehicle was sold more than once, complete a Vehicle/Vessel Transfer Form (REG 262). This form is not available on the Internet. To get it call DMV's automated phone service 24 hours a day, 7 days a week at 1-***-***-****.

4) Pay the Transfer Fee.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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