Legal Question in Wills and Trusts in Illinois
Married couple in Illinois, one spouse dies intestate whose name solely is on vehicle. Does the surviving spouse face any issues in obtaining clear title?
Asked on 11/07/12, 1:54 pm
1 Answer from Attorneys
Henry Repay
Law Offices of Henry Repay
If there are claims that may be due from the late spouse, then the individually-held assets may be subject to payment of those claims (bills, lawsuits, accidents, etc.). If that is not an issue and vehicle is only item that falls into estate, other items likely being jointly titled, then obtaining clear title may be as simple as the Secretary of State's Small Estate Affidavit process that can be handled at a Motor Vehicle Service facility.
http://www.cyberdriveillinois.com/departments/vehicles/title_and_registration/pert.html
Answered on 11/07/12, 2:02 pm