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Message
Estate Attorneys of the OT
Posted on 11/30/18 at 10:26 pm
Posted on 11/30/18 at 10:26 pm
Anyone willing to answer a few questions for me? I don't want to hire someone as the estate is just a cheap car, but I need to know how to clear the title so I can donate it.
7
Posted on 11/30/18 at 10:28 pm to HoustonChick86
Have you gone through the Probate Succession yet?
Posted on 11/30/18 at 10:32 pm to HoustonChick86
Is the title currently in the name of the individual who you inherited it from or someone else?
Posted on 11/30/18 at 10:33 pm to HoustonChick86
Are you in LA? Believe it or not, LA actually has a simplified probate process for non-complicated and uncontested estates. An attorney not required. I believe a notary may be.
I think it’s called an “expedited succession” or maybe a “simple Succession”. Sorry I couldn’t be more help. Good luck getting your father’s affairs settled.
I think it’s called an “expedited succession” or maybe a “simple Succession”. Sorry I couldn’t be more help. Good luck getting your father’s affairs settled.
Posted on 11/30/18 at 10:46 pm to HoustonChick86
if you're in LA, and it's just a car, go to the dmv website and download the form. all heirs sign before a notary and agree to transfer title to one heir.
Posted on 12/1/18 at 6:47 pm to toosleaux
quote:
Have you gone through the Probate Succession yet?
I think I don't have to go through that process as the only thing in his estate was a car (value less than $2,000). I am the beneficiary on his bank account and life insurance, so I don't think those go to probate anyways.
He was a Flordia resident and I am in Louisiana. I guess I go through the Florida process? They have a simplified process like the one Louisiana has, as mentioned above.
I think I found the correct paperwork to file, but wondered if an estate attorney here could just confirm it for me. It costs like $250 to file it in Florida, which I will pay. I just don't want to do it wrong and lose $. I'm just trying to donate a cheap car to someone who helped my dad out a lot and that needs transportation.
Posted on 12/1/18 at 6:51 pm to HoustonChick86
quote:
He was a Flordia resident and I am in Louisiana. I guess I go through the Florida process?
almost assuredly
LA would only be the spot if he owned land/house out here
i know nothing about Florida estate law
Posted on 12/1/18 at 6:54 pm to SlowFlowPro
quote:pretty sure the only thing they contest is meth
i know nothing about Florida estate law
or bath salts
Posted on 12/1/18 at 6:58 pm to SlowFlowPro
quote:
almost assuredly
Thanks! That's a great start. I appreaciate the post.
I've never had to do this, so am just trying to learn the process of being the executor of an estate.
Posted on 12/1/18 at 7:01 pm to HoustonChick86
sounds like you don't even need a probate order in Florida
LINK
fwiw, i still haven't finalized my dad's estate and he died almost exactly a year ago
LINK
quote:
This rule allows the transfer of assets by affidavit if the deceased owner did not leave a will. In that case, the application will include:
The certificate of title or other satisfactory proof of ownership;
The completed application for the certificate of title;
A statement that the estate is not indebted; and
A statement that the surviving spouse, if any, and the heirs agree about how the estate should be divided.
If these requirements are met, the automobile or mobile home can be transferred without a probate proceeding.
fwiw, i still haven't finalized my dad's estate and he died almost exactly a year ago
Posted on 12/1/18 at 7:03 pm to HoustonChick86
HC, I'm not admitted to practice in Florida and so I can't really give advice. But if it's anything like it is up here in Virginia and the only probate asset is the car (the bank account and the insurance policy pass outside probate) it is usually a simple process that can be done through DMV forms.
Good luck!
Good luck!
Posted on 12/1/18 at 7:16 pm to SlowFlowPro
quote:
fwiw, i still haven't finalized my dad's estate and he died almost exactly a year ago
There is someone that can use this car, so I'm trying my best to donate in a timely manner.
Do you mind if I pick your brain for a few minutes? I 100% understand you aren't an estate attorney, I'm just looking for guidance.
quote:
Estate Distribution of Personal Property
Florida Statute 735.301 states:
No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. Upon informal application by affidavit, letter, or otherwise by any interested party, and if the Court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled. Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.
His car is exempt.
I found this form.
LINK
Should this be all I need to do?
Posted on 12/1/18 at 7:23 pm to HoustonChick86
quote:
There is someone that can use this car, so I'm trying my best to donate in a timely manner.
yeah i got an order to sell his car to my floor guy
i don't even think you have to do that. it appears you can change title with the DMV and avoid any estate/probate
that form seems like the forms for the probate/estate stuff you want to do, though
*ETA: i don't see an order in that paperwork, though
This post was edited on 12/1/18 at 7:24 pm
Posted on 12/1/18 at 7:23 pm to HoustonChick86
Which state? I think I read your dad died in FL. I can answer all of your FL estate questions
Posted on 12/1/18 at 7:25 pm to TheOcean
i forgot you did that
i was about to email one of my classmates to ask for her
i was about to email one of my classmates to ask for her
Posted on 12/1/18 at 7:26 pm to TheOcean
Yes, FL. Just curious how to donate his car. I have the title. He had some medical debt (yay cancer) but I do not think I am responsible for that.
Posted on 12/1/18 at 7:30 pm to SlowFlowPro
All I do homie
If your dad had a will you just have read the will and see who gets all the tangible personal property. If there isn't a TPP clause, you look at the residuary clause.
If he didn't have a will, you'll have to fill out a form provided by the DMV (can't remember it) and provide proof of ownership and an affidavit.
If your dad had a will you just have read the will and see who gets all the tangible personal property. If there isn't a TPP clause, you look at the residuary clause.
If he didn't have a will, you'll have to fill out a form provided by the DMV (can't remember it) and provide proof of ownership and an affidavit.
Posted on 12/1/18 at 7:32 pm to HoustonChick86
Yeah, medical debt will cause some issues. In the affidavit with the DMV you are claiming the estate is not indebted. Technically the car would pass to you free of creditor claims if there was an actual summary or formal probate. And not sure how the debt collector would find out about the transfer, but can't tell you claim the estate is not indebted
Posted on 12/1/18 at 7:41 pm to TheOcean
There is definitely some medical debt, not sure how much. I only have a few bills that were in his possession. As far as I know that is the only debt.
Posted on 12/1/18 at 7:46 pm to TheOcean
quote:
If he didn't have a will, you'll have to fill out a form provided by the DMV (can't remember it) and provide proof of ownership and an affidavit.
He did not have a will, I assume a death certificate to prove that the name on the title is the deceased, but how to prove that HC86 is the proper heir? And how do we know any debtors wouldn't come after that property later?
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