Houma, LA asked in Probate and Estate Planning for Louisiana

Q: How to transfer vehicle title after mother's death in Louisiana?

My mother recently passed away without leaving a will. Her husband of 30 years has been driving her vehicle, which is solely in her name. How can he transfer the title to his name? My mother was also survived by her three children, of whom he is not the father, and no probate proceedings have been initiated.

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2 Lawyer Answers

A: The process by which the title to all community, and separate property, if any, gets transferred to the intestate heirs (no Will) is by a succession in the Parish where your Mother lived/was domiciled. For community property, the surviving spouse receives a legal usufruct and the children receive the reversionary, naked ownership interest. Separate property, if any, transfers to the children solely. Best wishes to your family in proceeding.

A: My recommendation is that her husband go to a local Office of Motor Vehicles and ask what is needed. The general rule is as attorney Tournet stated----transfer via succession/probate proceeding. That said, I believe the State and Office of Motor Vehicles has a procedure for transfer without a will can be done if all persons who would have an ownership interest based on the deceased's death would sign an affidavit requesting /agreeing that the husband should be titled the vehicle----the Office of Motor Vehicles probably has some sort of form they approve for you yto use, however, depending on your mother's estate and whether or not her husband and her 3 children are in agreement, the form may not be applicable---or just as much trouble as a succession/probate proceeding.

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