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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40989
Experience:  Texas lawyer for 30 years in Estate law
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My mother's husband died about a month ago, leaving behind

Customer Question

My mother's husband died about a month ago, leaving behind a car that my mothers wants to sell as a junk car. I was told that in order my mother to sell the car, she has to first wait 40 days after his death, then provide a copy of the death certificate and have a power of attorney to sell the car, because the car was only in his name. If this is correct, how does she get power of attorney to sell the car
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. Here is the form you need besides the death certificate.The POA here is no longer valid because he deceased. I appreciate the chance to help you today.Thanks again and the best here.
Expert:  RayAnswers replied 1 year ago.
ou may need the…Decedent's driver license and/or identification (DL/ID) card.Photocopy of the decedent's death certificate.Decedent's disabled person (DP) parking placard.California Certificate of Title or Application for Duplicate or Paperless Title (REG 227) form.Affidavit for Transfer Without Probate-California Titled Vehicle or Vessels Only (REG 5) form.Letters Testamentary, Letters of Administration.Vehicle/Vessel Transfer and Reassignment Form (REG 262).Planned Non-Operation Certification (REG 102) form.Statement of Facts (REG 256) form.Special license plates.More to bringThe following must be submitted to DMV:The decedent's expired or unexpired DL/ID card.A copy of the decedent's death certificate.A statement with the:-Decedent's name and DL/ID card number.-Name of the person reporting the death and relationship to the decedent.-Signature and daytime phone number of the person reporting the death.
Expert:  RayAnswers replied 1 year ago.
Expert:  RayAnswers replied 1 year ago.
Transfer Without ProbateIn certain situations, the decedent's heir may transfer title of a vehicle/vessel without going through probate. Requirements are:A REG 5 completed by the:-Person(s) who succeeded to the property of the decedent.-Conservator or guardian of the property of the person(s) who succeeded to the property of the decedent.-Beneficiary under the decedent's last will and testament.-Trustee(s), under a trust agreement by the deceased, in which the primary beneficiaries are the next of kin.The value of the decedent's property in California does not exceed $150,000.Note: Does not include vehicles, vessels, commercial coaches, or manufactured, mobile, or floating homes. To calculate the property value, see California Probate Code §13050.The vehicle/vessel is titled in California. Note: Vehicles/vessels titled in another state must be transferred in that state (requirements may differ from California).40 days have lapsed since the registered or legal owner's date of death.If owned jointly by two or more decedents, an original or certified copy of each owner's death certificate and a REG 5 for the most recent decedent.If owned jointly by two or more persons and one is deceased, a REG 5 cannot be used to circumvent the surviving owner's interest. However, the surviving owner (if an heir) may complete a REG 5 to release the decedent's interest. The title must be signed twice, once by surviving owner and once on behalf of the decedent.
Expert:  RayAnswers replied 1 year ago.
This is in simple English pardon the multiple posts most people prefer that. To transfer the car, the following will need to be done:1. Read the “Transfer a vehicle without probate” guide on the DMV’s website by clicking here.2. Find the vehicle’s Certificate of Title (pink slip) or apply for a new one if one is not found.3. Complete the Affidavit for Transfer Without Probate form (REG 5). Click here to download.4. Complete the Statement of Facts (REG 256). Click here to download.5. Obtain the owner’s Death Certificate as a copy will be needed by the DMV. 6. Include the odometer reading on the Certificate of Title. 7. Pay the transfer fee ($10-15) depending on your situation. Thanks again.

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