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My Father passed in Illinios and my brother is the executor…

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My Father passed in...

My Father passed in Illinios and my brother is the executor of the small estate. I received my fathers 2016 Jeep in the will and now am trying to register the title in Califonia where I reside. Went to DMV and they said I had to have a letters Testementery. My Lawyer in Illinios said the small estate affidavit would work, I have had it notarized here in Texas where my brother resides. I was told that would not work.

Lawyer's Assistant: Regulations vary from place to place, so can you tell me what state this is in?

The small estate affidavit.

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

I have the will and title.

Submitted: 6 months ago.Category: Estate Law
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Answered in 13 minutes by:
1/2/2018
Estate Lawyer: DamienJD, Attorney replied 6 months ago
DamienJD
DamienJD, Attorney
Category: Estate Law
Satisfied Customers: 5,135
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Estate Lawyer: DamienJD, Attorney replied 6 months ago

Your Illinois attorney is correct that it should work. Probably the DMV in California does not understand the process in Illinois. The small estate affidavit is in lieu (in place of) letters testamentary when there is a small estate. I am attempting to think of options: (1) see if the affidavit can be certified somehow and if so, see if the CA DMV would accept it; (2) have the Illinois attorney contact DMV or have him write a letter that you can provide to the CA DMV wherein the attorney is giving affirming that the small estate affidavit is official; or (3) see if the court would issue temporarily letters. Possibly the Illinois attorney could come up with some ideas.

I know this answer may not be quite what you want to hear but it is better at least to brainstorm on potential options.

Feel free to ask any follow-up questions.

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Estate Lawyer: DamienJD, Attorney replied 6 months ago

Hello again:

Do you have further questions? I know this is not the exact answer you would have hoped to have heard but it is better for you to know what is expected in this situation. If you are satisfied with the services I provided to you, please provide a positive rating between 3 and 5 stars at no additional charge to you so I can get paid for helping you. Again, if you have a follow-up question, just let me know. Best regards.

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