How to buy a car from the son of the owner who just recently passed away

[BBCMember]

What is the name of your state? California

Hi. I'm not sure which forum this belongs in, but I am interested in buying a car from the son of the owner of the car. It just so happens that the owner passed away recently. I need to know what paperwork I need to do this transaction as smoothly and as safely as possible.

I called the DMV and asked them what I need, and they said that the title was a legal binding document, and that all the DMV would need is for the person who has the authority to sign for the deceased to sign the deceased party's name, and under that, in parenthesis, put "deceased". Then under that, sign their own name, and then put "Power of Attorney" (or whatever title they have that gives them the power to sell the deceased's belongings) under their name.

I am not comfortable with that. I need more documentation and proof than that.

I assume that I need the following:

A copy of the death certificate
A copy of the power of attorney (if that's the title of the person that has the authority to sell the car of the deceased)

Thing is, someone told me that Power of Attorney is only for when the person is alive. The son says that since it did not go to probate, and since it is past 41 days, that he is able to sell it because it is part of the trust. I said that I would need paperwork proving that he has the authority to sell items that are part of the deceased's trust. He said he didn't really have that.

Is there such a thing? There has to be. How can people not document who has the authority to sell things in the trust of someone who has just past. That just does not make sense to me.

Please advise what paperwork I need so that I am completely covered in this transaction.

TIA

 

[Dandy Don]

YOU may not necessarily be the one who needs to provide paperwork. If the son wants to sell the car, ask him to show you a copy of the trust that names him as trustee (or if the son is not the trustee, ask him the name and address of the person who IS the trustee so you can contact that person), and you would also want to look at the title to make sure ownership is in the name of the trust before you complete the transaction. If ownership has not yet been put into the name of the trust, you may need to wait until that is officially done before you proceed.

What type of car is this that you are so anxious to get?

 

[BBCMember]

I may not need the paperwork, but I want it for my own peace of mind to make sure everything is on the up and up, and to cover my butt in case anything comes up.

It is still in the name of the deceased. I called DMV and they seemed OK with the process that I explained in my original post, but maybe I should call back and ask someone else there.

It's a Toyota Sienna XLE that is hard to find in the NE, and my parents need a car pronto. That's the type of car they want.

So, would you go through with the transaction the way it is now, based on what I've told you that the DMV said, or would you wait for it to be transferred into the Trust's name?

 

[seniorjudge]

Q: So, would you go through with the transaction the way it is now, based on what I've told you that the DMV said, or would you wait for it to be transferred into the Trust's name?

A: As long as you get a title in YOUR name and not showing any liens, then you will be okay.

 

[BBCMember]

But if it's not done the correct way, or if he did not have the right to sell the car and something comes up later on, the title will be null and void, will it not?

What paperwork would you require from the seller for your own piece of mind and to cover yourself?

 

[seniorjudge]

As long as you get a title in YOUR name and not showing any liens, then you will be okay.


Please tell which word or words in the above sentence you do not understand.

 

[tecate]

You might look at Probate Code Section 18100 and following. My guess is the trustee is the successor under Probate Code Section 13100, so he will need to complete the DMV affidavit to clear title to himself, as trustee. Then, he can sell it to you as trustee.

The power of attorney dies with the principal.

You can also look at Vehicle Code Section 5910 and the DMV website for more on transferring title.