Legal Question in Wills and Trusts in Arizona

My father in law passed away and his vehicle went through probate in Missouri. His wishes were to give his vehicle to my son who lives in Arizona, it was a verbal statement, not in the will. How would transfer take place to be legal in both states, we are driving to Missouri to pick up the vehicle.


Asked on 11/10/14, 9:57 am

1 Answer from Attorneys

Michelle Scopellite Goldstein & Scopellite, PC

I would contact a probate attorney in Missouri in order to obtain legal advice on this issue.

In most cases, once a person passes away, only a legal representative appointed by a probate court, can lawfully transfer title or sell any piece of property that was owned by a decedent.

In regards to your question, hypothetically, if your son is of legal age to receive the car and the representative or executor (this title can also be different depending on the state) of the descendent's estate agrees to the transfer and the legal heirs agree - as from what you stated there is no Will - and if the laws of the state apply and are met, usually in probate matters, the representative or executor would need letters testamentary or court orders issued from the probate court giving them permission to transfer or sign property over to a designated person.

And, then the person receiving the car would need to obtain the necessary transfer of title form(s) from the motor vehicle dept. and have that representative or executor sign same and the representative would also need to provide the person receiving the property, along with the signed form, one of the orders issued by the court, so that the motor vehicle department will agree to transfer the title.

Goldstein & Scopellite, PC has qualified estate planning attorneys and probate lawyers who can assist you with your estate at either one of our law offices located in Dallas, Texas and Tucson, Arizona - Please see our websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for additional information.

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Answered on 11/12/14, 4:14 am


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