Legal Question in Wills and Trusts in Maryland
probate car
Father died, car registered in Maryland, how do we go about giving it to grandson - all relative agree on this. Can the 'heirs' just sign a 'bill of sale' or does this have to have a Resident agent /personal Rep. signed by all of the heirs? Sister in MD wants us to sign these papers so she can take care of the car, but she is not supposed to be incharge of any other estate item. Are they necessary???
2 Answers from Attorneys
Re: probate car
The DMV in Maryland can give you the necessary answers. It is likely that the personal representative will need to sign a document transferring it to the intended beneficiary, and note the distribution on probate account as per agreement of the beneficiaries.
It is not clear what the sister is referring to. If it is to a specific document, without the document it is not possible nor appropriate to answer the question.
Re: probate car
The appointed Executor of the Father's probate estate must sign over the title to the car. Did the Father have a Will? If so, did the Will designate the car as a specific bequest to the grandson?
If the answer is NO to either question, the Executor can pass title to one of the lawful beneficiaries as part of their share of the Father's probate estate. The beneficiary receiving the car would then sign over the car Title to the grandson.