Who owns the car?

[Zigner]

Sigh....




Because, absent probate or the participation of the son, there is no legal way for the daughter to get it in her name.




This is all new information, and the reason is because a 40 waiting period is required by Probate Code section 13100, et seq.




I doubt that. How could she have asserted, truthfully, that she was the "Sole person or all of the persons who succeeded to the property of the decedent under [Probate Code sections] 6401 and 6402"?

Based on what you've told us, the daughter committed perjury in connection with the transfer of title from her mother's name into her name alone. If the son is so inclined, he could take action to seek to void that transfer.

Agreed - and that's what I get for assuming, yet again, that someone did something correctly.

You quoted where I explained that twice, and highlighted it, in post #4, then again in post #12. It appeared to me that you understood what I said. Why is it reasonable to suspect that transfer may not have been legal, when I said nothing to indicate that possibility? She went to DMV, they told her she needed her Mom's death certificate, which she had, they said she would have to wait 40 days for some reason I am not aware of, she waited, and they registered the car in her name. I've renewed it twice in her name since then. It was 100% legal. I said that I gave up any legal interest in the car when we bought it by not putting my name on the title, so I am fully aware of that legal standing.

Did her son sign a REG 256, Statement of Facts as a part of the transfer? If not, then I completely agree with @zddoodah. The transfer was improper. The DMV relied upon the daughter's fraudulent representation.

 

[adjusterjack]

Give it a rest Z and Z. OP's done here.

 

[Zigner]

Give it a rest Z and Z. OP's done here.

Frankly, we were having a very civil discourse related to the OP's situation.

 

[Axel Slingerland]

I checked with DMV and they say it's legal. So as far as I'm concerned, I'll take their word for it. Besides, if it's not legal, I quite possibly would have been arrested when a cop pulled us over for expired tags, because they were sent to her old address, and returned. I told the cop I renewed the registration on December 14th, 2024, but never got the registration form or the license plate stickers. So I called her and she called DMV and they sent the registration form and stickers to my address (which had not arrived yet at that time), and he ran a check on the car and it came up registered to her, renewed as of December 14th, just like I said. Her brother was in the car at the time and he showed the cop his ID, and the cop let us go. No wants or warrants, no stolen car report, legal registration. Also if it wasn't legal, the car would be 660 miles from here with nobody in our family to claim it, instead of parked in my driveway.

So here's the deal... DMV said it's legal, the cop said it's legal, but you say it isn't. Who would you believe?

Arrivederci!

 

[Axel Slingerland]

Give it a rest Z and Z. OP's done here.

Yeah, I am done. I got the information I was looking for from @zddoodah, but even though the conversation was civil, it seems like beating a dead horse now...

 

[AlmostThere]

I am beating the dead horse.
The issue is not with the registration of the car. The issue is with the dissipation of the estate. Should your girlfriend's debtors (credit cards, medical bills. loans, utility bills, etc) or descendants wish to pursue the matter, the way the assets were distributed may be brought to the court's attention. The distribution of an estate tends to be a civil issue.

 

[zddoodah]

So here's the deal... DMV said it's legal, the cop said it's legal, but you say it isn't. Who would you believe?

Arrivederci!

Believe what you like, but if you only care what some rando at the DMV or a cop told you (which, based on what you wrote, you don't understand correctly), I have to wonder why you posted here and wasted folks' time.