my mom died in 2010 her only asset is a 2002 kia rio wich has been salvaged. she had no will. How do i transfer the title in my name?
Elder Law Attorney
Who paid for the funeral? If it was one of the kids, then it could be possible to to file a creditor's refusal in probate Court, which isn't terribly expensive and defeats any other creditors that might be out there. Another option would be to file a small estate affidavit, which would vest title equally amongst the children of your mother. I assumed that your mother was unmarried as of her death, if this isn't correct, then it is quite possible that her husband at death can file what is called a spousal refusal in Probate Ct, which will like allow him to keep the care 100% in his name.
I agree with counsel on his analysis of the types of estates and the beautiful thing is that if it qualifies for any of the types he mentioned then the filing fee is most likely $55.00 and the certificate can be issued by the court within a week or so.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less