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How do I fix a stop and seize plate because of insurance in the name of a deceased family member?

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Bigj0110

Junior Member
I thought this was the best category to put this under, feel free to move it to the appropriate place if need be. Also sorry for writing a long post, I just need to explain everything so you know the full aspect of the situation. Which I appreciate in advance you taking the time to read it and answer my question and concerns.

This is in the state of Florida.

So my grandmother had gotten sick from a stroke and ended up passing away one year ago. Before she got sick she had given me her new vehicle, but I was making payments on the car on her behalf so I couldn't transfer the title until it was fully paid off.

So I finished paying off the car and when the title didn't come we decided to look into it and found out there was a stop and seize on the plate because of a lapsed insurance on my grandmother's name, but that was because she wasn't driving she was in a vegetative state and ended up passing away. Also I currently I have Geico insurance under my name registered to the vehicle with the same matching Vin and everything written on the insurance card.

So now the problem is that the registration is expiring next week and there's no way for me to renew it even online because of the stop. So how do I go about fixing this issue so I can then get the title so then the title and insurance can be transferred to my name properly and everything via my dad? Because I use this car as my daily driver even to get to work and things like that. I don't even know how long the stop and seize has been on the car, but I've been driving it until we just figured it out now, which I'm surprised that the credit company which was car manufacturers own credit company or the DMV never sent us a letter to tell us that the insurance was going to lapse.

Also some additional information so you know. My dad was given the full rights by the court to his mother my grandmother, and the credit company has these records for more than a year as well. So with the credit company it's under her name, but with my dad given full legal rights to talk about and handle everything with this account with full authority. My dad is also the cosigner on the car as well from the get go when they bought it new at the dealership. We also have an official death certificate from the state for my grandmother, as well as documentation that my dad has full legal rights of my grandmother his mother from the courts.

So at the end of the day legally the car is not getting taken away from us, it's just a matter now of how long the car is going to be sitting in the garage for before we can actually use it again because of these issues. Also it's me figuring out how to go about this and correct it and what I need to do, which is why I came here to ask what procedures I need to do in order to start getting this cleared up and getting on the right path. Which first thing Monday morning me and my dad has the power do the probate courts to talk on behalf of this car is going to go and take care of this issue with the DMV and see what they can do.
 
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adjusterjack

Senior Member
Somebody dropped the ball somewhere and it wasn't up to the lender or the DMV to run around trying to notify people.

I suggest you and your Dad personally get yourselves down to the DMV Monday with your insurance papers (current and back to when you first got the car - not the cards, the policy and all the renewals) and his court papers and see what it's going to take to get it resolved.

The DMV is your best source of what to do, not strangers on the internet.
 

Bigj0110

Junior Member
Somebody dropped the ball somewhere and it wasn't up to the lender or the DMV to run around trying to notify people.

I suggest you and your Dad personally get yourselves down to the DMV Monday with your insurance papers (current and back to when you first got the car - not the cards, the policy and all the renewals) and his court papers and see what it's going to take to get it resolved.

The DMV is your best source of what to do, not strangers on the internet.

Okay I appreciate your feedback, my dad is the one through the probate court that actually has authorization to speak on behalf of her and the vehicle, which he has court documentation and everything for that. The car just finished getting completely paid off a few weeks ago through the cars manufacturers credit company directly. We also received a check from the credit company because we overpaid by approximately $100, so when the car was completely paid off they sent us that back for overpayment. When we didn't receive the title and it was also time to renew the registration of the vehicle even under my grandmother's name, I tried to renew the tag online through the DMV directly and it said that there was a stop and seize on the tag. I searched the cars information online and it tells me that the title is still active, and the registration is still valid until 7/7 when it expires like I'm talking about.

I did call the credit company directly yesterday and they told me that it could just be that they know she had passed away unfortunately, and they want to talk to the person who has the rights so then they can update the vehicle information and get a title printed out on that person's name because she had passed away and she's no more living so they can't make the title out to her name. Which once you passed away they could have just lapsed the insurance as well automatically they were telling me on the phone. I don't know how accurate this is, and that's why it's good to go to the DMV which I'm going to go first thing Monday.

But I do appreciate all your help and your suggestions to go to the DMV. Honestly I didn't know who could help us except thinking that the court probate could maybe rule that state to give us the car/title and take away all sanctions because she passed away or still make us pay the sanctions, but give us the car. Which I'm assuming that will take some time which I don't have because I use this car as my daily driver even to go to work. Which I have been using since she and my dad booth gave me the car in October of 2015, which was a 2016 model new. the reason I mention my dad as well as because my dad was the cosigner to guarantee payment, plus he was the one paying on her behalf. The reason I got the car is because my dad kind of forced her into buying a new car and she didn't want it because she was used to her old car which was an earlier model of the same car we purchased. She didn't like it because it was redesigned, bit bigger and drove better, but different than what she was used to. So at an older age it's hard for some people to get adjusted, so she wanted to use her old car(which she never traded in) and just give me her new car. I renewed the Tag 2 years ago under her name online, and now it's expiring obviously on the 7th.

Which I'm hoping if I go to the DMV first thing Monday with my dad who has court documents from the Probate Court stating that he has the right to talk on the behalf of the vehicle that we can fix everything even if we have to pay and then get it registered before the 7th and just wait for the registration to come in the mail. Which once you get the registration paid for it automatically gets updated in the system so if a cop gets behind me it shows that it's already updated etc.
 

Bigj0110

Junior Member
Somebody dropped the ball somewhere and it wasn't up to the lender or the DMV to run around trying to notify people.

I suggest you and your Dad personally get yourselves down to the DMV Monday with your insurance papers (current and back to when you first got the car - not the cards, the policy and all the renewals) and his court papers and see what it's going to take to get it resolved.

The DMV is your best source of what to do, not strangers on the internet.
Also don't quote me on this, but if I remember correctly thinking now. That maybe her insurance lapsed or it was going to lapse in September of last year. I ended up getting my own insurance under my name, but with the same car VIN number registered with Geico insurance and even on the insurance ID card. So I'm not sure if you need to have Insurance registered with the registered owner of the vehicle, I just thought that the car had to have some type of insurance with somebody who uses the car having insurance on it. Which is the case here I had to do that because she had already passed away for a couple of months.
 

justalayman

Senior Member
can update the vehicle information and get a title printed out on that person's name because she had passed away and she's no more living so they can't make the title out to her name
i don’t know who you talked to but that is not true. They must issue the title in your grandmothers name. They do no have the right to unilaterally decide who owns the car and change that. Yes they can issue the title in your grandmothers name. They have no other legal option.
 

Bigj0110

Junior Member
The credit company of the car manufacturer directly on the phone yesterday had told me that. They told me that they could have wanted me to go to the DMV and pick up the title because they want to speak to the people that have the right to talk about the car. They were telling me that if I have documentation from the probate court that I have the rights to talk about the vehicle or whatever in her behalf and the car is completely paid off and I'm waiting on the title, they told me that they may have authorization to change it right then and there and send the title in my name in this situation. The court already decided that I have the right to take the car. It's just the fact that the insurance lapsed so they're holding the title from us once I paid off the car and the credit company released it to the state to send it to us, and they're also putting a stop and seize on the plate. Which if this happened to me personally I would have went to the DMV and took care of it myself by paying whatever I needed to, get insurance and the whole nine yards. But since this car is registered in a deceased family members name and we're having all these issues and all these roadblock and this is why I'm obviously here asking for advice on how to go about this.
 
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justalayman

Senior Member
The title has to be transferred through the normal legal process. That means a person with the authority to act on behalf of your grandmothers estate (your dad apparently) must physically sign the paper title. That means they will have to print the title. Then your father will have to sign it as representative of the estate and assign it to you. You can then submit it to the state where they will retain it in electronic format (you won’t get a paper title back)
 

Bigj0110

Junior Member
The title has to be transferred through the normal legal process. That means a person with the authority to act on behalf of your grandmothers estate (your dad apparently) must physically sign the paper title. That means they will have to print the title. Then your father will have to sign it as representative of the estate and assign it to you. You can then submit it to the state where they will retain it in electronic format (you won’t get a paper title back)
Yeah that's what I thought, and that's what's going to happen my dad is going to receive it and then he's going to sign it over to me directly by going through a tag agency and getting it registered on my name. Then I was going to go myself and let Geico know that I updated the title of the car and if I need to get a new policy I would. But the situation is how do I specifically go about fixing the insurance lapse that's on her name? My dad is going to obviously help me and he has the right to discuss her and the vehicle, so I just need to know what steps do I take when someone is deceased. Because right now I need to get the Stop and seize removed and once I do that I will get the title of the car and I can renew the tag under her name or just transfer it over like I'm going to do. But I need to take care of this and this is a roadblock that I need to know how to go about.

Honestly when the credit company was telling me this, I kind of was lost and didn't believe they can do it the way they were explaining it to me which I just explained it to you. I believe we have to get the title either going to the DMV or in the mail from the state and then just going to a tag agency like I said.
 

justalayman

Senior Member
You’re going to have to ask the dmv (or whatever agency Florida has to deal with this) for the answer. For all anybody knows maybe there was no actual laps and showing uninterrupted coverage will make everything better. If there was an actual lapse I don’t know what they would do. I just don’t know.
 

Bigj0110

Junior Member
I mean
You’re going to have to ask the dmv (or whatever agency Florida has to deal with this) for the answer. For all anybody knows maybe there was no actual laps and showing uninterrupted coverage will make everything better. If there was an actual lapse I don’t know what they would do. I just don’t know.
I mean I just hope because she passed away with court documents and death certificate from the state and everything that maybe they would make me pay a fine or whatever and then I can reinstate everything correctly. But yeah thanks I'm going to definitely go to the DMV and start there which would be the best place to go. I'll explain the situation and see what they can do.
 

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