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Ray, Lawyer
Category: Legal
Satisfied Customers: 41014
Experience:  30 years in civil, probate, real estate, elder law
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Our mother past away July 5th, left myself and my two

Customer Question

Our mother past away July 5th, left myself and my two brothers with no instructions, my mother lived with me and my significant, when going through her things I learned Life insurance had lapse...when checking her accounts she didnt have any of us on her accounts as benefinary, so the back appointed me as the affiant of the account... My mother really didnt have esate she have a car that I an making insurance paynents on and paying on her storage... my brothers think because car in my possesion that what ever funds that is in the bank that it should be split two ways not 3 ways but I'm the one making payments what should I do please help
Submitted: 10 months ago.
Category: Legal
Expert:  Ray replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 10 months ago.
Ok thank you sorry for the typos
Expert:  Ray replied 10 months ago.

Here you are all three heirs.You certainly can use the funds on the car.Here is the affidavit you would use to transfer title.You may want to buy out the others or they buy you out here and somebody claims title.

Expert:  Ray replied 10 months ago.

You can try to resolve this with the three of you not alot to fight over here.

Expert:  Ray replied 10 months ago.

If bank granted you access to the account here it is your funds to use as you see fit.

Customer: replied 10 months ago.
Being that my mother and I have the same name I was told that I can get the title in my name
car is pay for I'm paying for her insurance and her storage for her personal stuff
Expert:  Ray replied 10 months ago.

Here is what you need besides the affidavit

How To: ***** ***** DMV Matters of a Deceased Person (HTVR 2)

PDF Version

You may need the…

  • Decedent's driver license and/or identification (DL/ID) card.
  • Decedent's original or certified copy of the decedent's death certificate or certified copy.
  • 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.

The Department of Motor Vehicles (DMV) wants to make it as easy as possible to handle matters of a deceased family member or friend (decedent). As the surviving heir(s) of the decedent, you may need to address the following:

California DL/ID Card

The following must be submitted to DMV:

  • The decedent's DL/ID card, expired or unexpired.
  • An original or certified 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.

By mail to:

DMV-Issuance Unit
PO Box 942890, MS G204
Sacramento, CA###-##-####/p>

You will need all of this to transfer title.And you will have to resolve this with your siblings.Thanks again.

Expert:  Ray replied 10 months ago.

Complete a Transfer Without Probate Checklist

Ownership of a vehicle may be transferred to the deceased owner's heir 40 days after the owner's death if the value of the deceased's property in California does not exceed $150,000. The requirements are:

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, he/she completes and signs the back of the title.

A Certificate of Transfer Without Probate (REG 5) completed and signed by the heir.

Odometer Disclosure Statement. 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 obtain a form by mail, call DMV's automated phone service 24 hours a day, 7 days a week at 1-***-***-****.

A Transfer Fee.

If the heir prefers to sell the vehicle, the buyer will need the items above and:

A Bill of Sale from the heir to the buyer.

A Transfer Fee. (Two transfer fees are due in this case.)

Additional information on transferring a vehicle without probate.