car titles and probate question

Appalachia

New Member
Jurisdiction
Tennessee
Hello,

I have a question not sure if you can answer it but I thought I go ahead and ask. My husband just passed.

I am his wife and there are no kids and there is no will. The house and property are in our name so are almost all the bank accounts. We have several running cars. They are all in our name and the title is shown as -or-.

This brings me to question one. Can I sell his truck without needing his signature or a death certificate?

My next question is he also has a motorcycle. It is still in his name. We were in the process of selling one of them and he had actually signed the title as we were gone sell it but the deal fell through in the last minute. I have another person interested but I am not sure if I can legally now sell it even as it has been signed by my husband already?

What are some things that I should do or need to do to make sure I do the right things after his passing legally? Things have been very difficult and I am trying to do the right thing.

I hear the word Probate a lot and I am not sure where this will come in or what I need to look for. I know that he has one small bank account still in his name with a small amount of money on it. I am aware that until I get the death certificate I can not close the account. The overall value (property, money, cars) should not be more than $200'000.00

Thank you for any advice.
 
Can I sell his truck without needing his signature or a death certificate?

"Or" on the title should allow you to transfer title with only your signature. Whether you can sell the truck depends on your ability to find a buyer willing to pay a price that you are willing to accept and who understands that the "or" allows you to transfer title on your own.

I am not sure if I can legally now sell it even as it has been signed by my husband already?

Well...if I were the buyer, I'd ask why you're doing the sale and not the registered owner. Upon learning that the registered owner is dead, I'd wonder about the legitimacy of the signature. That said, given that you're the sole heir of the estate, I don't see any legal issue with this as long as the buyer is willing to deal and the sale does not adversely impact your husband's creditors' rights to be paid from his estate.

What are some things that I should do or need to do to make sure I do the right things after his passing legally?

The smartest thing to do would be to seek a consultation with a local probate attorney. That's the best way to make sure everything gets done properly. It's possible that formal probate might not be necessary.
 
I know that he has one small bank account still in his name with a small amount of money on it. I am aware that until I get the death certificate I can not close the account.

How small is the amount?

You'll probably have to go through the small estate affidavit process (simple and informal) to be able to get that money.

Here's some information from two counties:

http://circuitclerk.nashville.gov/probate/forms/formpro_Estatesmallestaff.pdf

https://shelbycountytn.gov/DocumentCenter/View/4918/Small-Estate-Packet?bidId=

Your county court may also have forms and instructions on its website or at the courthouse.

Otherwise, with anything owned jointly with right of survivorship and the vehicles ("or") you should be good to go.

Word of advice: Now it's time for you to do your own estate planning and make a will so that your children will know who gets what when your time comes.
 
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