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transfer of vehicle title deceased

Discussion in 'Drivers License, Vehicle Registration' started by rfhjr, Dec 29, 2020.

  1. rfhjr

    rfhjr Law Topic Starter New Member

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    Jurisdiction:
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    If a deceased vehicles owner had the title listed in their name only and the surviving spouse never transferred the vehicle title to their name. As the spouse has now passed away how would the heir transfer the vehicle to their name. I was thinking a surety bond would be the only option in this case as the estate was already settled about three years ago.
     
  2. army judge

    army judge Super Moderator

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    Did you mean to type a sentence similar to the one below?

    If a deceased vehicle's owner had the title listed in her/his name only and the surviving spouse never transferred the vehicle title to her/his name, how do I (or another person) obtain legal ownership of the vehicle?

    North Carolina Intestacy Laws will apply.

    Under the North Carolina statutes, if you are survived by:

    1. No spouse or children, with parent(s) living: Your entire estate will pass to and be divided equally among your parents. If only one parent is still living, then everything will pass to the living parent.

    2. Your spouse and parents, but no children: Your spouse will receive the first $50,000.00 of personal property, one-half (1/2) of the remaining personal property and one-half (1/2) of all real estate. Your parent(s) will receive one-half (1/2) of the remaining personal property and one-half (1/2) of all real estate.

    3. Your spouse only, no children or parents living: Your spouse will receive all property which could pass under a will.

    4. Your spouse and one child: Your spouse will receive the first $30,000.00 of personal property, one-half (1/2) of the remaining personal property and one-half (1/2) all real estate. Your child will receive one-half (1/2) of the remaining personal property and one-half (1/2) of all real estate.

    5. Your spouse and two or more children: Your spouse will receive the first $30,000.00 of personal property, one-third (1/3) of the remaining personal property and one-third (1/3) of all real estate. Your children will evenly split the remaining two-thirds (2/3) of personal property and real estate.

    6. One or more children, no spouse surviving. All of your property and possessions will be divided evenly among your children.

    7. Neither spouse, nor children, nor parents surviving. The intestacy laws provide additional rules for distributing your assets to more remote relatives. In the event that you have no other legal heirs (i.e., blood relatives), your assets will pass to the State of North Carolina (this is referred to as “escheat“).

    At first glance, these results might seem acceptable, but for many, there are a host of problems, especially if there are minor children, step-parents or step-children involved.

    See Problems With Intestacy [Problems With Intestacy].



    Read the NC line of succession to see what should have been done when someone passed away a three years ago.

    You might wish to forget about the car, especially using a "bonded" title.

    Why?

    Perjury, fraud, and their kinfolks might come a callin'!!!!!

    If you prize and value your freedom, look but don't touch.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    By going to the motor vehicle department and asking "How do I transfer this vehicle into my name?"

    :)
     
  4. zddoodah

    zddoodah Well-Known Member

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    "[T]he heir" to what? The estate of the first of the spouses to die? Or the estate of the second of the spouses to die?

    When the first spouse died, his/her estate should have been administered pursuant to the intestate laws of North Carolina. Under those laws, if a person dies and is survived by a spouse and one or more descendants or one or both parents, the estate gets divided between the surviving spouse and the surviving descendants or parents. Same with the estate of the second spouse to die.

    You didn't tell us whether either of these folks had wills (and, if so, what the wills said/say) or by whom they were survived.

    Which estate?

    Maybe so. However, in order to obtain a bond, you'll have pay a premium (based on the penal sum of the bond, which will be based on the vehicle's value) and possibly also post collateral. You'll also have to convince the bonding company that you're entitled to the vehicle.
     
  5. flyingron

    flyingron Well-Known Member

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  6. Zigner

    Zigner Well-Known Member

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    Take a closer look at the form (item 3). Probate can't be opened in order to use that form, but one must certify that the estate's debts are paid, etc. The form simply requires all of the heirs to agree to the transfer of title by way of the form.
     
    army judge likes this.
  7. adjusterjack

    adjusterjack Super Moderator

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    rfhjr, please keep all of your estate/probate questions to this thread. No need to open more threads on the same topic.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    New question by rfhjr:

    rfhjr, I deleted your other thread. Please keep all your probate questions in this thread.
     
    justblue likes this.

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