Scared

[FlyingRon]

They would still need letters of administration showing that the estate authorizes that transfer. I've never seen a car manufacturer/finance company offer such other than on initial purchase. Unless we're talking about a lease situation rather than straight financing.

 

[Zigner]

They would still need letters of administration showing that the estate authorizes that transfer.

That's not entirely true. See https://www.dmv.ca.gov/portal/handbook/vehicle-industry-registration-procedures-manual-2/transfers/transfer-without-probate/

Of course, the OP would have had to have lied on the form, but as I stated, it's entirely possible that this is a no-harm/no-foul situation, for which no repercussions will come from that lie.

EDIT: THIS POST CONTAINS INCORRECT INFORMATION DUE TO MY MIXING UP THE STATE INVOLVED. I APOLOGIZE.

 

[Ohiogal]

That's not entirely true. See https://www.dmv.ca.gov/portal/handbook/vehicle-industry-registration-procedures-manual-2/transfers/transfer-without-probate/

Of course, the OP would have had to have lied on the form, but as I stated, it's entirely possible that this is a no-harm/no-foul situation, for which no repercussions will come from that lie.

If she lied, she acted illegally. So why waste time helping her now when she was told the proper way to do things in her first thread?

 

[Zigner]

If she lied, she acted illegally. So why waste time helping her now when she was told the proper way to do things in her first thread?

That's a fair enough point - and I agree. I think she ought to get rid of the car and give any proceeds to the sister's son.

 

[Ohiogal]

That's a fair enough point - and I agree. I think she ought to get rid of the car and give any proceeds to the sister's son.

That whole unclean hands doctrine... she has unclean hands. She may get lucky and nothing happens to her but that doesn't mean she didn't break the law.

 

[FlyingRon]

That's not entirely true. See https://www.dmv.ca.gov/portal/handbook/vehicle-industry-registration-procedures-manual-2/transfers/transfer-without-probate/

What does California have to do with it? I thought we were in Maryland.

 

[Zigner]

What does California have to do with it? I thought we were in Maryland.

I have no idea - I thought this was a CA thread. We're on page 4 now, so it's just old age.

 

[Sinamenone]

Why don't you reread: https://forum.freeadvice.com/threads/p-o-a.661822/

First response was mine:
You cannot become POA of a dead person. You can't keep her car just because you want to do so. You can't transfer title to yourself. You would need to open probate and have her estate probated intestate. What other relatives does your sister have who are alive? Parents? Spouse? Children?


You ignored it and did what you wanted to do. But hey ... keep doing what you want.

What did I ignore? My sister had no will & my nephew doesn't drive. I have no knowledge of any of this. I phoned Toyota & this is what they told me. How was I supposed to know this was illegal?

 

[Sinamenone]

No Toyota didn't. Toyota can't grant ownership of a car that belongs to someone else. What they can do is allow you to become responsible for paying the loan. The way you become owner of a car that someone else owned (not joint with you) is you get the person administering their estate to give you the letters of administration, etc... and you take that to the DMV to get the title changed over.

The fact that there is no "forced anything" now doesn't mean whoever is financing the car (I'll assume it's Toyota) won't realize you don't really have proper insurance (if you don't). and purchase the forced policy for you. What does your Allstate policy say is the named insured and the owner of the car. If it doesn't list you as an insured and your Aunt as the owner and Toyotal as a lienholder, it probably isn't valid as far as Toyota is concerned and are within their rights to make you pay for insurance that meets their requirements.

I may have gotten things confused. I think that's what Toyota is doing allowing me to pay. This is all confusing. OK I should've contacted the DMV. I was paying Toyota & Allstate directly out of my bank account which is now empty.
I owe Toyota; should I just tell them to come get the car or wait til they come

 

[Sinamenone]

get it. I can no longer physically drive now anyway

 

[Zigner]

What did I ignore? My sister had no will & my nephew doesn't drive. I have no knowledge of any of this. I phoned Toyota & this is what they told me. How was I supposed to know this was illegal?

The same way you know it is now.

 

[Ohiogal]

What did I ignore? My sister had no will & my nephew doesn't drive. I have no knowledge of any of this. I phoned Toyota & this is what they told me. How was I supposed to know this was illegal?

YOU WERE SUPPOSED TO OPEN PROBATE. ESPECIALLY IF SHE DID NOT HAVE A WILL. Good grief. You don't just steal someone's property. You had to go through legal channels of having probate opened. That is what you ignored. And ignorance of the law is not an excuse.

 

[Ohiogal]

I may have gotten things confused. I think that's what Toyota is doing allowing me to pay. This is all confusing. OK I should've contacted the DMV. I was paying Toyota & Allstate directly out of my bank account which is now empty.
I owe Toyota; should I just tell them to come get the car or wait til they come

NO. The DMV can't help you. That was for California. You are NOT IN CALIFORNIA. Good grief. Unclean hands. You have no right to do ANYTHING WITH THE CAR. It belongs to the estate.

 

[Ohiogal]

get it. I can no longer physically drive now anyway

OH so that is the problem. You can no longer physically drive now and hence don't need to illegally take someone else's car. The money is just an excuse.

 

[Zigner]

NO. The DMV can't help you. That was for California. You are NOT IN CALIFORNIA. Good grief. Unclean hands. You have no right to do ANYTHING WITH THE CAR. It belongs to the estate.

I agree - and I apologize for posting misleading information. I will go back and edit my post.