Miami, FL asked in Gov & Administrative Law for Florida

Q: How do i get title to my deceased ex-husbands truck that has been in my back yard since 2016?

I would like to give it to a church member to maybe repair and drive, however title is in deceased ex-husbands name. Can court can bypass DMV and issue me a title, or is there a better way of going about this?

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1 Lawyer Answer
James L. Arrasmith
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A: In order to obtain title to your deceased ex-husband's truck, you may need to go through a legal process to transfer ownership. Typically, this involves probate court proceedings to settle the deceased's estate and transfer assets to heirs or beneficiaries. If your ex-husband had a will, the executor named in the will would handle this process. If he did not have a will, the court would appoint an administrator to manage the estate.

You will likely need to petition the probate court to transfer the title of the truck to you as the rightful heir or beneficiary. This may require providing evidence of your relationship to the deceased and any legal documents that establish your claim to the truck. Once the court approves the transfer, you should be able to obtain a new title for the vehicle from the Department of Motor Vehicles (DMV) or relevant motor vehicle agency in your state.

It's important to follow the legal process carefully to ensure that you have clear ownership of the truck and can legally transfer it to another individual or organization. Consulting with an attorney who specializes in probate or estate law can also provide guidance and assistance throughout the process. They can help navigate any complexities and ensure that all necessary steps are taken to transfer the title properly.

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