How to deal with unclaimed vehicle years after someone passes

Anon****

New Member
Jurisdiction
North Carolina
Hi, I'm trying to figure out something about transferring ownership of a vehicle of the deceased but with an asterisk, being the title was in two peoples names.

This as far as I can tell may be unique or at least very rare, but the circumstances around the vehicle in question are this. The title is for a vehicle that to this day has been sitting at a custom fabrican shop, and the vehicle is a vintage 50's panel truck that was undergoing massive body modification to be able to accommodate the owner whom was a Quadropedic and restricted to a wheelchair. The asterisk in this case is that the title for the vehicle was in the owner name, and also the name of his primary care giver, whom was a live-in full time that the owner added to the title for insurance purposes because she would have been the only driver once it was completed.

Unfortunately he passed before that could ever happen, and so the vehicle essentially got abandoned and still sits now 2 1/2 years later at the shop that was doing the work.

I'm looking into this matter on behalf of the caregiver who's name is still on the title. We've spoken to the shop that has it, and they are willing to release it to us, as is (incomplete), without penalties for storage. But the title still has the name of deceased on it, and the executor of estate never mentioned or challenged the caregiver for ownership throughout the proceedings for dealing with the estate.

I will add that things between the caregiver and the deceased's family after the passing weren't to good, because of the fact she (the caregiver) was residing solely in the home of the deceased and following the death they evicted her. So if at all possible she would like to avoid having to contact the executor of estate (the brother of the deceased).

So as you can see the circumstances around this aren't exactly standard which made my researching this for her very complicated. That's why I thought perhaps someone with more knowledge on the subject might be able to help if they new a little more about the case.

Any insight that could be offered on this matter would be welcomed and appreciated.
 
So as you can see the circumstances around this aren't exactly standard which made my researching this for her very complicated. That's why I thought perhaps someone with more knowledge on the subject might be able to help if they new a little more about the case.

Anyway, this question requires that you have the title in your hand so you can read it. Don't guess.

Do either of the words "and" or "or" appear between the names of the two owners?

Or do neither of those words appear.

If the word "or" appears then the caregiver can take the title to the DMV and get a new title in her own name.

If the word "and" appears or neither word appears, she will have to take the title to the DMV and find out what needs to be done to transfer ownership.

It would also help to know if there was a bequest in the decedent's will leaving the car to the caregiver. That requires you or the caregiver to read the will. Don't guess. The will is likely on file with the probate court and is public record.
 
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Anyway, this question requires that you have the title in your hand so you can read it. Don't guess.

Do either of the words "and" or "or" appear between the names of the two owners?

Or do neither of those words appear.
I do have the title and neither word is present. It simply states,
Owners of Vehicle are
xxx
xxx

It would also help to know if there was a bequest in the decedent's will leaving the car to the caregiver. That requires you or the caregiver to read the will. Don't guess. The will is likely on file with the probate court and is public record.
In this instance there was no will.

So I suppose to the DMV is where we're headed next as per your suggestion.

Started out a bit condescending, but then leveled out and provided helpful info so much appreciated.
 
I do have the title and neither word is present. It simply states,
Owners of Vehicle are
xxx
xxx

I found a couple of articles for North Carolina that indicate, without "or" or "JTWROS" designated, that each owner has a half interest in the car and there are no survivor rights. That means that the decedent's interest is part of his/her estate and passes to his heirs.

How to Keep Your Car Out of Probate in North Carolina | Vance Parker (vparkerlaw.com)

How to Make Vehicle Transfer Easier When Someone Dies - Steffan Law

Without a will, that interest passes under the laws of intestate succession.

So I suppose to the DMV is where we're headed next as per your suggestion.

The DMV may have other options available, one of which is the posting of a bond.

Official NCDMV: Bonded Vehicle Titles (ncdot.gov)

Print that out and take it with you along with a copy of the death certificate if you have it and can get it.

Good luck with the DMV. I can't guarantee that this won't involve a great deal of hassle.

Started out a bit condescending,

It was. A bit. Sorry. I removed it. :)
 
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