Question regarding my mom's estate

[Spitfire70]

My mom passed away a couple months ago. She lived in Illinois. In her will, one of the things she left me was her car. It is totally paid off so I have the title. I live in Oregon and I will be returning to IL again to finish up with her condo and other details. I plan to sell her car before returning home but the title is in her name. I have a copy of the will and death certificate. Do I need to transfer the title into my name before selling it? (I plan to sell the car to Carmax, not a private person.) I know Carmax has the DMV on the premisis, but I'm not sure if this would be possible without the title being in my name. Thanks so much for any help.What is the name of your state?

 

[BelizeBreeze]

My mom passed away a couple months ago. She lived in Illinois. In her will, one of the things she left me was her car. It is totally paid off so I have the title. I live in Oregon and I will be returning to IL again to finish up with her condo and other details. I plan to sell her car before returning home but the title is in her name. I have a copy of the will and death certificate. Do I need to transfer the title into my name before selling it?

yes

(I plan to sell the car to Carmax, not a private person.) I know Carmax has the DMV on the premisis, but I'm not sure if this would be possible without the title being in my name. Thanks so much for any help.What is the name of your state?

To have the car put in your name you need to have the will probated. Just because she left you the car doesn't mean it's yours until the probate court says it is.

 

[Spitfire70]

Thank you for the response...

However, there is no probate period. My mom was terminally ill and everything was put into trust. She also aded my brother and I as owners of her condo . We are putting the property up for sale March 1st. Mom's will was fully legal and notorized. She placed my my brother and I on her bank accounts and safety deposit box. Before and after her death, our attorney handled any other details since she became ill. We have even already received payments from a few of her insurance companies. (Mom passed away on 11-9-06.) So, long story short, her will was set up in a way so that there would be no probate. Does this information help? This is a hard enough time as it is rather than having to deal with all this legal stuff. (Mom was only 64 years old.) Again, thank you so very much.

 

[colourfastt]

However, there is no probate period. My mom was terminally ill and everything was put into trust. She also aded my brother and I as owners of her condo . We are putting the property up for sale March 1st. Mom's will was fully legal and notorized. She placed my my brother and I on her bank accounts and safety deposit box. Before and after her death, our attorney handled any other details since she became ill. We have even already received payments from a few of her insurance companies. (Mom passed away on 11-9-06.) So, long story short, her will was set up in a way so that there would be no probate. Does this information help? This is a hard enough time as it is rather than having to deal with all this legal stuff. (Mom was only 64 years old.) Again, thank you so very much.

As far as the car is concerned, it will be one of two things.

1) The car was in your mother's name, in which case you will have to submit the will for probate and get the proper documentation from the probate court giving you authorization to change the title/sell the car.

2) The car had been titled in the name of the trust, in which case the successor trustee can make the sale.

Just remember ... unless assets are specifically added to a trust (through titling for those items requiring title, e.g., real estate, cars, boats) or through a list of non-title assets left as an addendum to the trust document, then the asset is an object of personalty to the owner and must be probated.