How to get a title transferred out of the name of a person who has died?

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How to get a title transferred out of the name of a person who has died?

My father died about 1 1/2 years ago. Today, my mother paid off their vehicle that was only in his name today. However, the dealership won’t give her the title and they may do other things we are unsure of. They said mom had to get power of attorney but my dad;s dead so how could she? They gave her a month to do what she needs. What are her rights? Can they take her car? The final payment was made on the vehicle today.

Asked on April 26, 2012 under Estate Planning, Georgia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry fr your loss and for the problems that have arisn.  In order to transfer the vehicle some one needs to be appointed as the personal represetative of your Father's estate.  It sounds as if he only had the vehicle in his name and the other things that he owned had Mom's name on them too, right? Then she can probably do a small estate proceeding.  Go to the probate court in the county in which he resided at the time of his death to file it.  They can not take the car.  But be careful.  Good luck.


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