My uncle passed away and had an automobile. I'm executrix of his estate and all heirs agreed to give the car to my aunt. My aunt and I went to a notary. We filled out some paperwork. The notary submitted this to the department of transportation. A month later, my aunt got a letter from the state saying the paperwork was incomplete and that the notary didn't record their number on the documents. We went back to the notary, filled out more paperwork, and the notary sent this to the department of transportation again.
Last week, my aunt gets another letter, the paperwork is still incomplete. We don't know anything about transferring a vehicle title which is why we went to a notary. We plan on going to a different notary to take care of this. We want our money back from the first notary, $150
Law Offices Michael J. Brooks, Esquire
[email protected] 'Perspective from the Legal Vantage Point'
You should request the money back, and can bring a claim in the Magistrate District Court.. The proper procedure to completing the title paperwork yourself is as follows:
When a surviving spouse of the same household of the deceased claims a vehicle as the whole or part of the family exemption under Section 3121 of the Probate, Estates and Fiduciaries Code (20 PS C.S. 3121), she may assign the title to herself. Attach the following to completed Form MV-39, “Notification of Assignment/Correction of Vehicle Title Upon Death of Owner”:
1. Certificate of title assigned by the executor, administrator or the person(s) entitled to family exemption.
2. Affidavit of entitlement under 20 PA C.S. 3121.
3. Form MV-4ST completed in full.
a. $22.50 title fee if being titled in any other name than a surviving spouse. No title fee is required if the vehicle is being titled solely in the name of the surviving spouse.
b. $6.00 transfer fee to transfer a plate currently renewed in the name of the deceased owner. Plate is transferable only to spouse, children, parents, parents-in-law or children-in-law, step-children or step-parents. Otherwise, the plate is not transferable.
c. Applicable sales tax, if required.
The form and instructions are available at the below websites.
Disclaimer: Please note you should not rely upon the information provided herein as legal advice. It is for general informational purposes only. Legal advice can only come from a qualified attorney after having had an opportunity to become familiar with all of the fact specific circumstances of a particular legal matter, and then to apply or research the relevant law.
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