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Stuck in the middle
Aug. 10th, 2018 09:15 pmTo begin with, my mother and father owned a car in Indiana. My father died. My mother gave the car to my son, and we had it shipped to California.
I wound up mailing the papers back to Mom, because she hadn't signed all the things she needed to sign. Out of an abundance of caution, I checked both the California and Indiana motor vehicle websites. I then printed out an Indiana bill of sale, an Indiana odometer statement, all the appropriate California forms including an explanation from my mother of her husband's death and her transfer of ownership to my son, and sent them to Indiana with SIGN HERE flags and highlighting. When I got the forms back from Mom, we got the car's VIN verified and a smog inspection. We showed up at the Department of Motor Vehicles with an appointment we'd gotten a month in advance. I checked every single document against the California checklist before we started the car engine. I was prepared.
Clerk: Do you have the Testamentary Letter?
Me: What?
Clerk: If this were a California car, you could transfer a jointly-owned title with just the death certificate. But because it's an out-of-state car, we need a Testamentary Letter from the estate. If there wasn't any probate, you'll have to get your mother to have Indiana issue her a new title on this car with just her name on it.
Me: ...
So we are now in a fascinating situation. My mother signed over the car title to my son. You do this by filling out a form on the back of the title. You can only do this once. The next time you transfer the title, you need to get a brand-new title. This means that my son can't sign it back to my mother.
By Indiana law, my son currently (signed title, Bill of Sale) owns this car.
By California law, my mother and deceased father currently do.
To get an Indiana title in my son's name, he'd have to show up in person, with a proof of Indiana residency, and register (a separate process) the vehicle in Indiana.
I have no idea how my mother is going to get a new title, given that the physical title has been irrevocably signed over to my son. I also have no idea how she's going to get a new title without paying Indiana registration fees for a car that will never again reside in Indiana.
Monday I will do some research and call the Indiana BMV (Bureau of Motor Vehicles) to find out what we do next. I assume my son's going to have to sign some sort of document that we then mail, with the old title, to my mother to take to the BMV.
Argh.
I wound up mailing the papers back to Mom, because she hadn't signed all the things she needed to sign. Out of an abundance of caution, I checked both the California and Indiana motor vehicle websites. I then printed out an Indiana bill of sale, an Indiana odometer statement, all the appropriate California forms including an explanation from my mother of her husband's death and her transfer of ownership to my son, and sent them to Indiana with SIGN HERE flags and highlighting. When I got the forms back from Mom, we got the car's VIN verified and a smog inspection. We showed up at the Department of Motor Vehicles with an appointment we'd gotten a month in advance. I checked every single document against the California checklist before we started the car engine. I was prepared.
Clerk: Do you have the Testamentary Letter?
Me: What?
Clerk: If this were a California car, you could transfer a jointly-owned title with just the death certificate. But because it's an out-of-state car, we need a Testamentary Letter from the estate. If there wasn't any probate, you'll have to get your mother to have Indiana issue her a new title on this car with just her name on it.
Me: ...
So we are now in a fascinating situation. My mother signed over the car title to my son. You do this by filling out a form on the back of the title. You can only do this once. The next time you transfer the title, you need to get a brand-new title. This means that my son can't sign it back to my mother.
By Indiana law, my son currently (signed title, Bill of Sale) owns this car.
By California law, my mother and deceased father currently do.
To get an Indiana title in my son's name, he'd have to show up in person, with a proof of Indiana residency, and register (a separate process) the vehicle in Indiana.
I have no idea how my mother is going to get a new title, given that the physical title has been irrevocably signed over to my son. I also have no idea how she's going to get a new title without paying Indiana registration fees for a car that will never again reside in Indiana.
Monday I will do some research and call the Indiana BMV (Bureau of Motor Vehicles) to find out what we do next. I assume my son's going to have to sign some sort of document that we then mail, with the old title, to my mother to take to the BMV.
Argh.
