Legal Question in Real Estate Law in Louisiana
If a vehicle is being sold to a family member after the death of owner, what paper work is needed to make the transaction legal and binding? For example succession, was made but auto still in deceased name.
1 Answer from Attorneys
If succession was concluded and a Judgment of Possession was entered, the vehicle would be covered by that Judgment. Even if the car is not specifically listed, the Judgment should list a "universal heir" who has been placed in possession of the "entirety" or the "remainder" (after some specific bequests) of the decedent's estate. That person is the legal owner of the car. Take the Judgment (get a "True Copy" from the Clerk of Court) and take it to the DMV or an auto title transfer company and they will do the sale. I recommend an auto title transfer company. They are much easier to deal with and the wait is much less than the DMV. They usually only charge and additional $20-$40 for their service (above and beyond the state taxes owed, license fees, etc.) and it is well worth it.