Legal Question in Wills and Trusts in Illinois
car title in deceased parent's name
My friend's father died recently. All of his assets were listed in a trust except his car. One of his son's wants to buy the car. What needs to be done in order to have the right to sign over the title to one of his children. Their mother is already deceased and everything in the trust was left to divide equally among his children. They paid off the car after he died with his money from a savings account that was in my friend's name as well as her father's name. Is it okay to drive the car until this matter is settled? And can they sign the title over to one of his sons?
1 Answer from Attorneys
Re: car title in deceased parent's name
The car is most likely owned by the father's estate, even though it doesn't sound like the estate is being administered through the probate court.
The car can be sold with the use of a "small estate affidavit." The Illinois Secretary of State's website has information regarding transferring a car title from an estate. Their customer service department may be able to assist you.
On the other hand, since there is a trust involved, I would strongly advise your friend to have an attorney review the overall estate/trust situation so that he can advise you on how the trust should be administered and assist with the transfer of title.
Good luck to you.
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