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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 113544
Experience:  Attorney with over 24 years of law and traffic law
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My ex husband died and had a car that was last registered in

Customer Question

My ex husband died and had a car that was last registered in MA. The car has been sitting in Florida for almost 2 years since he died. Can my son be given that car and now register it in Florida? I believe my name is ***** ***** the title. We live in Ma and he would like to use the car when visiting his stepmother.
Submitted: 8 months ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 8 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.

How is the car titled, your name AND your husband's name, or your name OR your husband's name? Have you done probate yet to get the ownership of the car in your name only yet?

Customer: replied 8 months ago.

Dear *****,

I believe the car was titled in my ex husband's and my name. His widow cannot find the title and told my son he could have the car if he registered it in Massachusetts. I thought he could not do that without the actual car here for inspection. It is in Florida. My ex husband's estate is in probate. He left no will. I feel his widow would probably like my son to take the car as part of his share of the estate. I am nervous because the car has been in Florida for almost 6 years so it should have been registered in Florida. The car has been sitting for almost 2 years in Florida without anyone driving it after he died. The car got a new transmission before he died. I don't want to spend a lot of time and money on the possibility that my son could own this car if it is not legally possible or it would cost me too much. I am leery of a car that has sat for 2 years and if the car would have fees in MA and then FL.

Thank you for your help,

Patty N.

Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply.

The problem is that MA does require the car to be present, but the car has to be included in the probate if it is in his name, because the probate court will need to order the name removed from the title and if your name is ***** ***** the title, you can get it and sign the title over to your son and he would have to either register in FL or bring it to MA to register it.

Fees will be required for title and registration, there would be no tax as you would give your son a letter of donation saying you have given him the vehicle at no cost and then he would have to pay the registration and title fees, which are about $200 or so in MA or FL.

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