Legal Question in Wills and Trusts in Ohio

how can i get a car title put in my name, owner is deceased, person who inherited it signed title over in their name but title was still in deceasened name


Asked on 3/24/10, 9:22 am

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

You will need permission from the probate court. If an estate is open the executor can apply for court permission.

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Answered on 3/29/10, 9:32 am
Anthony Rifici Rifici Law Office

From your limited description of events, it sounds like the vehicle was part of the decedent's probate estate; thus, the probate court must issue an order permitting release and transfer, or an executor or administrator may need to be appointed to handle the transfer if other assets were in the decedent's name.

If the decedent had a surviving spouse and the value of the vehicle is less than $40,0000, then the spouse can have the tittle transferred without probate court involvement by completing the appropriate affidavit at the BMV.

I suggest you have all the details reviewed by an experienced attorney.

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Answered on 3/29/10, 9:35 am


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