Vehicle Title transfer from LIving Trust

[badlanders]

What is the name of your state (only U.S. law)? Colorado

My father passed away last November. He lived in Arizona. He had a living trust and I am his successor trustee. He owned a car that had a lien against it as he owed money on the car. We obtained a loan to pay off the loan he had with our financial institution here in Colorado with the car as collateral. We are now having difficulty with the Colorado DMV trying to get the car registered and to get plates for the car. We were given temporary tags but they expire next week. The DMV tells us that we need to provide them with a letter of testamentary and letter of lien release. The loan my father had has been paid and the title was sent to my bank. There is no will, and the estate was not in probate. We feel like we are getting the run around. The bank says we need to go to DMV and DMV tells us we need to go to the bank.

Any advice? Sure would appreciate it!

Michelle

 

[FlyingRon]

Was the car titled to the trust?

 

[badlanders]

Was the car titled to the trust?

No FlyingRon, the car was titled under his name...

 

[OHRoadwarrior]

There are 2 shortcuts available to probate a CO estate. The first is by affidavit if only one person inherits, which does not seem applicable here. The second is statutory and requires permission from the probate court. Go to the court and request the shortcut procedure for small estates in your county.

 

[anteater]

No FlyingRon, the car was titled under his name...

Then the living trust is not relevant with regard to the vehicle.

There are 2 shortcuts available to probate a CO estate.

Problem is... Father was an AZ resident.


I would suggest contacting the AZ DMV.

http://www.dmv.com/az/arizona/title-transfer

 

[FlyingRon]

No FlyingRon, the car was titled under his name...

Only property owned by the trust is controlled by the trust. As pointed out, the living trust is immaterial to this issue.
Colorado is certainly right requiring documentation (letters testamentary) that who ever is attempting to initiated the transfer is actually authorized to do so.

Information on Arizona small estate procedure is here (this is for Maricopa county, but it's pretty much the same statewide):

https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/ProbateCases/prob_pbse1.asp