Legal Question in Wills and Trusts in California

I live in California, my daughter died July 02, 2012. Her boyfriend (not registered domestic partners) is planning on transfering HER car title to himself. There is no last will & testament on HER behalf. I have her car at my home and have already added it to my auto insur policy. Can he legally do this transfer of title?


Asked on 7/25/12, 5:25 pm

1 Answer from Attorneys
Jennifer Rouse Meissner Joseph & Palley

I am sorry for your loss.

If the boyfriend is not on title already and there is no estate plan, then he cannot transfer it to himself. Did your daughter have other assets? Is a probate necessary? If not, then the DMV will require that the successor-in-interest execute a small estate affidavit 40 days after her death to transfer title to the successor-in-interest. If your daughter did not have a spouse or children, then you and her father are her successors-in-interest.

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Answered on 7/25/12, 5:54 pm


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