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My daughter passed away. She has absolutely no estate, no…

Customer Question
My daughter passed away...

My daughter passed away. She has absolutely no estate, no will, Her '05 Toyota is paid for and title is in her name. I am her mother and would like to sell the car. What are my options?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Idaho

Lawyer's Assistant: What documents or supporting evidence do you have?

I have the title in my possession, her Social Security number, and have her death certificate. What else do I need?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Hmmm - I am a widow, I have a revocable living trust. She was one of my three adult children. She was on disability for many years.

Submitted: 7 months ago.Category: Estate Law
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Answered in 1 minute by:
9/25/2017
Estate Lawyer: RobertJDFL, Attorney replied 7 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 14,803
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Estate Lawyer: RobertJDFL, Attorney replied 7 months ago

Good evening,

My deepest condolences on your loss.

This guide from the Idaho Department of Motor Vehicle explains the process to transfer title when there will not be a probate of the estate. As explained in the guide:

"For unprobated estates, a qualifying heir may sign an affidavit if all conditions of the affidavit have been met. These affidavits are available online at dmv.idaho.gov (click on the “Registrations/Plates” tab, scroll down and select “Forms & Publications”, and find the Affidavit of Inheritance ITD 3414 and small Estate Affidavit 3413 under “Vehicle Titling Forms”) or at your local county assessor’s motor vehicle office. You may contact the county office if you have questions regarding what forms are required to transfer title."

Also as noted, it is not necessary to turn in her driver license, and remember to keep the license plates. The party you sell the vehicle to can use the title to within 72 hours obtain new plates.

If your daughter left any debts (credit cards, for example), I would recommend contacting them by letter and letting them know that your daughter has passed away, there are no assets and no estate, and you would ask that their account be closed. Include a copy of the death certificate. That is normally enough for the debts to be written off and the accounts closed per your request.

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Estate Lawyer: RobertJDFL, Attorney replied 7 months ago

If you require any additional information or clarification, please REPLY WITHOUT RATING and I'm happy to help you further. Otherwise, kindly remember to click on the stars at the top of the page to leave me a positive rating. You may be unaware, but experts are not employees of this site and receive no salary. We answer questions in good faith that customers will reciprocate in kind by leaving a positive rating so that a portion of their deposit is released to us as payment. Thank you.

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