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My mother passed and she left her car to my brother. I am…

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My mother passed and...

My mother passed and she left her car to my brother. I am the Trustee of her Trust. Can he complete the REG-5 or do I? If I do than can I later gift it to him?

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

California

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

She mentioned it in her inventory list.

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
9/25/2017
Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,344
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 8 months ago

My sympathies for your loss;

if the car is titled in the trust's name, then the trustee must deal with the transfer; here is that form:

https://www.dmv.ca.gov/portal/wcm/connect/5a40cbcc-a9a9-4a42-ac43-a8564fa552c0/reg256.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=5a40cbcc-a9a9-4a42-ac43-a8564fa552c0

If the trustee is named as trustee on the title then the trustee simply must sign the title to effectuate a transfer.

Otherwise if the car was not held in trust, the actual heir can complete the Reg-5; here are instrutions to that:

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/howto/htvr2

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Customer reply replied 8 months ago
Car was not in Trust. I am the Trustee. Can I complete REG-5 and then later gift to my brother? Mom wanted him to have the car but just left a not stating that. It's not in the Trust.
Lawyer: legalgems, Lawyer replied 8 months ago

I'm sorry I couldn't get my response to "stick" to the page.

If the car is not in trust and there is more than $150K in non trust assets then the estate would need to be probated; if less than $150K in assets then any party (heir or trustee) may complete Reg 5.

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