• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Dad passed away Mom's name under his on car title in Georgia

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bdp31770

Junior Member
Mom is trying to gift the car to me, here son. The lady at the DMV said that the car title with moms name under dads is not enough. She said if the will is probated, we need a letter of Testamentary. If not probated, then bring a copy of the will and the original death certificate.

A lot of things I"m finding online say the will isn't needed to gift a car. I wouldn't think the lady at the DMV would lie about things, though wondering if she may just be wrong. Anyone have any experience with this in Georgia?

Thank you for any feedback.
 


adjusterjack

Senior Member
The following statute applies. Read paragraphs d, e, and f. One of them might apply depending on exactly how the names read on the title.

Georgia Code § 40-3-34 (2022) - Transfer of Vehicle by Operation of Law; Termination of Interest; Joint Interest With Right of Survivorship :: 2022 Georgia Code :: US Codes and Statutes :: US Law :: Justia

The best advice I can give you is to go to the DMV with the will, the death certificate, the title, and your Mom. That covers all the bases and the transfer should go smoothly.

Just make sure you have your own insurance lined up for the car because the moment title is transferred into your name, the car will no longer be covered by her insurance and if you drive it without your own insurance on it, you will be driving illegally and subject to penalties which would make it difficult and expensive for you to get insurance.

So, assuming you can get the title transferred when you go, leave that car at home and find another way to get to the DMV.

Trust me, driving without insurance, even for one minute, can end up with nightmarish consequences.
 

zddoodah

Active Member
How EXACTLY is the car titled? Be specific.

Did your father have a will? Is his estate being probated?
 

LdiJ

Senior Member
Mom is trying to gift the car to me, here son. The lady at the DMV said that the car title with moms name under dads is not enough. She said if the will is probated, we need a letter of Testamentary. If not probated, then bring a copy of the will and the original death certificate.

A lot of things I"m finding online say the will isn't needed to gift a car. I wouldn't think the lady at the DMV would lie about things, though wondering if she may just be wrong. Anyone have any experience with this in Georgia?

Thank you for any feedback.
Does the Title say dad OR mom, Or dad AND mom? If it says dad OR mom, mom may need to title the car to just her before she can give it away to you. If it says dad AND mom then it may be true that it the will is needed to prove that it goes solely to mom. Even in that case though, I think that mom may have to title it to herself before she can give it to you.
 

bdp31770

Junior Member
Thank you all for the replies. I found a sample title online, linked below that has the exact same layout, format, and questions as the title we have. Under owner, dad's name is right above moms name, there is no AND or OR or any other words between their names.
https://www.cherokeega.com/Tax-Commissioners-Office/_resources/documents/images/title.jpg

As for AdjusterJack, thank you for the reply, I read the link you posted but not sure if we will have to go to probate. We think mom and dad made a will before he died in 2010, though we can't find it. The will we do have is only in moms name and was made with an attorney after he died. I'm all but certain she didnt have to go to probate to make her will. I've had insurance on the car in my name for a few months now, and driving it in the neighborhood for a few days now since it failed emissions and they said to drive it 150 miles and try emissions again.

We are going to schedule a call with the firm who wrote her will next week though any input is appreciated so I can try to know what to expect and what to ask. Thanks again.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top