General Question

Dutchess_III's avatar

Can you help me with these Estate questions?

Asked by Dutchess_III (47028points) 2 hours ago

My husband died 2 weeks ago.

We have a pick up truck that’s in his name only. I want to give it to his daughter but how do I do that since it’s technically not my truck?

We have an SUV that’s in both of our names. Am I free to sell the SUV?

There will be more questions but that’s all I can manage now.

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6 Answers

jca2's avatar

Did your husband leave a Will?

How old is the truck? I’ll tell you why I’m asking later.

Dutchess_III's avatar

No will. Not Rick’s thing. Besides, I had all the money.

Truck is a 2011 F150.

jca2's avatar

I’m going to pm you.

JLeslie's avatar

Most states almost everything goes to the spouse. Did he have any debt at all on anything only in his name? If no debt then there should be no problem. Did he own the truck outright? No loan?

I would call the DMV and ask what they need to put the car in her name. Keep in mind every time it changes hands the new owner usually has to pay tax on the value of the truck, so hopefully it can go straight to her if you waive your right to it or possibly there is no tax if it is a spouse so it might not matter if the paperwork has it go to you first.

Note: in FL if you try to lowball the value of the car to pay lower tax, the government comes back and makes you pay the legitimate tax amount plus a penalty and the penalty is large. I personally know two people who had to pay up.

Also, most places require seeing an original death certificate but then make a copy and give you back the original. A few places will insist they need to keep an original. Usually they are wrong but that’s what they were taught. If you have a few originals you might let it slide, but originals are expensive usually so you might want to check with another person at the company or government office if you are being told you can’t get the original back. We paid for three originals for our aunt just in case.

jca2's avatar

In NYS, if there’s no Will, whatever the deceased owns goes to a Probate court, where they assign it to an attorney (frequently a friend of the Probate judge) and the attorney bills the estate for their services. In the case of an old car, like what @Dutchess_III is talking about, it’s almost not worth it.

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