Ca. Vehicle Title (Pink Slip) - 62 Impala
11-07-2009, 06:34 PM
#1
Ca. Vehicle Title (Pink Slip) - 62 Impala
Kapow! The fireworks broke out within hours of the poor guy being buried. Here's the story:
The owner of a '62 Impala (1st place show winner) dies without a will. He leaves behind an adult son and daughter. The son goes over to his house after the funeral and asks his aunt for the keys, then a fight breaks out between the son's girlfriend and an uncle's wife because the uncle (brother of the deceased) has taken away the Impala. Shouting, pushing, crying, etc etc etc.
The uncle claims that the car belongs to him. The son thinks that maybe the deceased's sister has the pink slip in a safety deposit box (and may or may not have given it to the uncle.) The son is positive that his dad didn't sign the pink slip which means the uncle is in possession of a stolen vehicle perhaps?
So, what's the next step? The estate is small; maybe $30-40k maximum. So far, I've told the son that he can file to be executor of his father's estate since he's next of kin and as executor he'll have responsibility to distribute the assets according to California Probate law (which says that the children are next in line for all his dad's assets.)
Is there anything else he can do now or does he have to let Probate court approve everything first?
What if the uncle forges the deceased's signature on the pink slip? How do you go about fighting that?
Moral of the story - don't die without a will or living trust document.
The owner of a '62 Impala (1st place show winner) dies without a will. He leaves behind an adult son and daughter. The son goes over to his house after the funeral and asks his aunt for the keys, then a fight breaks out between the son's girlfriend and an uncle's wife because the uncle (brother of the deceased) has taken away the Impala. Shouting, pushing, crying, etc etc etc.
The uncle claims that the car belongs to him. The son thinks that maybe the deceased's sister has the pink slip in a safety deposit box (and may or may not have given it to the uncle.) The son is positive that his dad didn't sign the pink slip which means the uncle is in possession of a stolen vehicle perhaps?
So, what's the next step? The estate is small; maybe $30-40k maximum. So far, I've told the son that he can file to be executor of his father's estate since he's next of kin and as executor he'll have responsibility to distribute the assets according to California Probate law (which says that the children are next in line for all his dad's assets.)
Is there anything else he can do now or does he have to let Probate court approve everything first?
What if the uncle forges the deceased's signature on the pink slip? How do you go about fighting that?
Moral of the story - don't die without a will or living trust document.
11-07-2009, 07:34 PM
#3
Originally Posted by the s2k dude,Nov 7 2009, 09:07 PM
wow messed up... im assuming its in the courts hands.. have him call the cops and report the car stolen.. the uncle will have to prove that it is his.
However, the son still needs the pink slip or perhaps he can file for a duplicate pink slip and sign for the deceased?
Yah, I wonder if he can call the cops and report it stolen? How can he find out if the Uncle filed for a change of ownership?
11-08-2009, 06:45 AM
#4
What a mess.
Summary Probate/Proceedings for Small Estates
California law provides for procedures to transfer title in estates worth less than $100,000. The procedure can be used to collect money owed to the decedent or receive the decedent's tangible personal property such as funds on account at banks. The procedures for the transfer of small estates are often referred to as "Summary Probate Proceedings."
The procedure is available whether or not the decedent had a will and can be used in the event an asset of small value was not titled into the name of a trust. The main stipulation is that the aggregate value of the decedent's estate cannot be greater than $100,000. In calculating the amount of the estate for use of this procedure, assets that would otherwise avoid probate are excluded in determining the value.
Attorney fees for these procedures are not dictated by statute as are probate fees and can be negotiated. The value of automobiles or mobile homes is not considered when determining the amount of the estate for this proceeding. There are several other exclusions that make this a useful approach for many people.
Affidavit
The affidavit process requires that certain allegations are made and sworn to by the affiant. Certain general information about the decedent must be supplied. The affiant must swear that the gross value of the decedent's real and personal property in California does not exceed one hundred thousand dollars ($100,000), and that 40 days have elapsed since the decedent's death. The process is not available if a proceeding for the administration of the estate has been conducted in California and the affiant must allege that there is not or has not been an administration. The affiant must provide a description of the property to be transferred. The affiant must allege that they are the person or persons entitled to the property as successor of the decedent (beneficiary under a will or heir by intestacy law) or that they are authorized to act on behalf of the successor of the decedent (such as the trustee of a trust, guardian, custodian or agent acting under a power of attorney). The affiant must allege that no other person has a greater right to the property and request that the property be paid, delivered or transferred.
Real Property Valued at Less than $20,000
If all real property a decedent owned in California is worth less than $20,000, probate may be avoided and the property transferred by a small estates process involving an affidavit procedure.
Automobiles
If there is no other property that needs to be probated, a person named in a Will or an heir of a deceased person can complete a declaration and submit it to the Department of Motor Vehicles in order to transfer title to a registered motor vehicle from the deceased to themselves.
California law provides for procedures to transfer title in estates worth less than $100,000. The procedure can be used to collect money owed to the decedent or receive the decedent's tangible personal property such as funds on account at banks. The procedures for the transfer of small estates are often referred to as "Summary Probate Proceedings."
The procedure is available whether or not the decedent had a will and can be used in the event an asset of small value was not titled into the name of a trust. The main stipulation is that the aggregate value of the decedent's estate cannot be greater than $100,000. In calculating the amount of the estate for use of this procedure, assets that would otherwise avoid probate are excluded in determining the value.
Attorney fees for these procedures are not dictated by statute as are probate fees and can be negotiated. The value of automobiles or mobile homes is not considered when determining the amount of the estate for this proceeding. There are several other exclusions that make this a useful approach for many people.
Affidavit
The affidavit process requires that certain allegations are made and sworn to by the affiant. Certain general information about the decedent must be supplied. The affiant must swear that the gross value of the decedent's real and personal property in California does not exceed one hundred thousand dollars ($100,000), and that 40 days have elapsed since the decedent's death. The process is not available if a proceeding for the administration of the estate has been conducted in California and the affiant must allege that there is not or has not been an administration. The affiant must provide a description of the property to be transferred. The affiant must allege that they are the person or persons entitled to the property as successor of the decedent (beneficiary under a will or heir by intestacy law) or that they are authorized to act on behalf of the successor of the decedent (such as the trustee of a trust, guardian, custodian or agent acting under a power of attorney). The affiant must allege that no other person has a greater right to the property and request that the property be paid, delivered or transferred.
Real Property Valued at Less than $20,000
If all real property a decedent owned in California is worth less than $20,000, probate may be avoided and the property transferred by a small estates process involving an affidavit procedure.
Automobiles
If there is no other property that needs to be probated, a person named in a Will or an heir of a deceased person can complete a declaration and submit it to the Department of Motor Vehicles in order to transfer title to a registered motor vehicle from the deceased to themselves.
11-08-2009, 07:44 AM
#5
So you want an Impala so you can hang out with me??? 
Here's what I get from what you said. In 40 days the son can apply for a transfer of title (without title). The son needs file for some kind of legal stop of the sale of the car. This way if the uncle forges the signature the son can compare it with a legit signature (Drivers license, bank, etc). Once the uncle submits the title to the DMV there will be no way of knowing if it was forged.
How much is he selling the impala for? Details: Vert, SS, resto mod, restored original, color, accessories, factory options????
I'm going to a lowrider show today. There will be lots of impalas there.
Here's what I get from what you said. In 40 days the son can apply for a transfer of title (without title). The son needs file for some kind of legal stop of the sale of the car. This way if the uncle forges the signature the son can compare it with a legit signature (Drivers license, bank, etc). Once the uncle submits the title to the DMV there will be no way of knowing if it was forged.
How much is he selling the impala for? Details: Vert, SS, resto mod, restored original, color, accessories, factory options????
I'm going to a lowrider show today. There will be lots of impalas there.
11-08-2009, 08:15 AM
#6
Originally Posted by chairmnofthboard,Nov 8 2009, 09:44 AM
So you want an Impala so you can hang out with me???
I've never seen the Impala in question but I have seen the trophys. Watching people fight over it, tells me it must be pretty damn special. Reading the various opinions of probate law on the 'net, it seems like the son must file to become "administrator' of his dad's estate.
California charges $4k. Yah, if the uncle goes to the DMV with the pink and death certificate, and waits the mandatory 40 days, then, yes, the idiots at the DMV will transfer title to the uncle; although, it appears the uncle must also file an affidavit that probate has NOT been started by the son.
At the end of the day, it appears the son WILL prevail in probate court (if he files) but is it worth the fight???
Here's another question: Is the car considered stolen now that it's been removed from the deceased's address?
This is all soooo tangled.
BTW - where's the lowrider show today?
11-08-2009, 08:30 AM
#7
You mean I can hang with you? user posted image heart.gif heart.gif heart.gif
Awards are easy to get at small shows, so don't be to impressed by the trophies. Look to see WHERE the trophies are from.
A frame off restored impala value.
1. hardtop 2dr I6 = 10-14k
2. hardtop 2dr v8 = 17-20k
3. hardtop 2dr SS v8 = 20-24k
4. vert I6 = ???
5. vert v8 = 24-33k
6. vert v8 SS = 30-45k
Keep in mind that prices change depending on the market. This gives you an idea of value, but it really depends on the buyer. If it's his "dream car" the buyer will pay more. Old car values are pretty low right now.
Here's another question: Is the car considered stolen now that it's been removed from the deceased's address?
BTW - where's the lowrider show today?
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11-08-2009, 10:07 AM
#9
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Originally Posted by Bert05GPW,Nov 7 2009, 08:34 PM
Moral of the story - don't die without a will or living trust document.
Anyway, I happen to know quite a bit about the subject since I'm going through the probate process as well.
THE CAR DOES NOT BELONG TO THE BROTHER!!! OMG I can't believe he would even think that it's his or take it. That's absolutely crazy. The only way it would be his is IF the decedent had a trust or will and explained the car would go to him. If that was written in the will, the courts would probably override that and give it to the kids since the value of the car consistes of a high percentage of the estate's value. That doesn't apply anyway since he didn't have a will or living trust.
First thing the decedent's children need to do it CONTACT A PROBATE LAWYER!!! lol don't mean to yell but it's serious. My probate lawyer is really good if they need help finding one. Let me know if you need their information.
I petitioned to be the executive special administrator of the estate, which I highly recomend. It's quite a bit of paperwork, but at least you know you're in control and you don't have to trust some random person with important documents. Plus you don't have to waste money on paying someone do it either. Attorney fees are EXPENSIVE for what little they have to do THAT'S WHY YOU NEED A TRUST when you pass lol.
I was able to go to the DMV and transfer the titles of all of the cars/motorcycles mty dad had in his name WITHOUT the special administration papers. I'm pretty sure you need them to do it but they didn't check so??
That's so crappy that the uncle took the pala. Totally out of his place to do so and I'm sure legal action can be placed on him for doing so. Probate laywers will be able to confirm that.