Legal Question in Wills and Trusts in Connecticut
My father passed away 11/19/07. He gave my sister the keys to his car and said he wanted her to have it, but he couldnt find the title. At the time of his death he was separated from his wife, she is in another state and we have had no contact with her.. We have nothing in writing saying he gave us the car, but now we need to sell it or junk it. Since we dont have the title, im wondering if there is still a way that we can legally sell it without going through probate court or hiring a lawyer. the car is not worth enough money to justify paying court/lawyer fees.
we need a title even if we want to junk it. this was the only thing he owned, therefore there wasnt a probate process when he passed.please help.
1 Answer from Attorneys
This is a common question and unfortunately I don't have an easy answer. The only remedy I can think of is to request the probate court to issue a decree transferring the property to you or your sister. In CT, a probate court can issue a decree in settlement of small estates which do not exceed $40,000.00. You need not go through the normal procedures that are required when filing a will or opening an intestate estate.
I'm sure this is not worth the trouble considering the value of the car, and, I have a feeling the probate court may require notice to your father's widow.