How can I access a car’s title after inheriting it?

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How can I access a car’s title after inheriting it?

I recently inherited a car from my aunt’s estate. The lawyer my aunt hired to represent her gave me the registration and keys. He was supposed to mail the paperwork to change the title over to me, but the DMV said they have not received it. For over a month, the lawyer has not returned my calls. I have spoken to 2 DMV reps, but their answers differ as to what I do next. Since the lawyer is not cooperative, can I provide the DMV with a copy of the death certificate, registration and copy of the Will to prove I am the new owner?

Asked on June 24, 2011 under Estate Planning, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No I do not believe that that will work.  When you say your aunt hired an attorney to represent her do you mean that he is the executor of the estate?  Did he also draw up the Will?  Hummm..  That is suspect these days in many states.  I would go to the court in which the probate of the Will is pending and see what is going on. The executor needs to transfer the title of the car to you as the fiduciary of your Aunt's estate.  And if he is not properly doing his job then you need to get help to force him to do so.  Good luck to you.


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