My mother just died. She had a 1996 dodge car. My brother and i want our sister to have it. Both parents are dead and the car tittle is in my moms name. What do we do? thank you Philip DeGabriele
If the car is the only asset, a small estate petition to assign the asset by the consent of all parties will be sufficient. If there are other assets titled only in your mother's name they will need to be probated as well. In that case, if you and your siblings are in agreement as to all issues, you may join in a petition to the court for an informal probate of her estate. if she left a will, you would file the will with a death certificate with the probate court in the county of her residence along with the petition. If there is no will, you would submit the death certificate and the petition. In either instance you will also have to submit a statement of who the potential heirs of the estate are and, if there is a will, who is named in the will as a beneficiary. Those documents will either have to be served on the listed parties or they will have to sign consents which will be filed with the petition and other documents. If consents are not submitted with the petition, the court will want you to submit a proof of service showing that you mailed copies of all the documents to the parties in interest listed in the documents.
If there is no objection filed or if there are consents filed, the court will issue letters of authority to act as personal representative ("PR") of the estate. Within 90 days of appointment the PR is required to file an inventory of the assets in the estate and their values and to pay an inventory filing fee. It is also appropriate to publish a claims notice so that creditors of the decedent may file claims against the estate. It may also be necessary to file a final tax return for the decedent and for the estate. If the estate (including probate and non-probate assets) is large, it may be necessary to file a federal estate tax return. After these things have been done, it will eventually be appropriate to distribute the assets of the estate to the heirs or persons entitled to receive them.
If the car is the only asset in your mother's estate, all you have to do is go to the Michigan Secretary of State's office. They have the forms that will allow you and your brother to sign off on the title and transfer it to your sister.
Take your mother's death certificate to a local secretary of state office with you photo id and birth certificate to be safe.
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