Transfer Title to Truck

by Ann
(USA)

My brother passes away recently.
I am the Executor of the will.
I want to know how to transfer the title of his truck to me.
I don't live in the same state where he passed and the only thing he owned out right was the truck.
If this goes to probate court can I still get the truck put into my name?

Comments for Transfer Title to Truck

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Jul 13, 2012
Transfer Title to Truck
by: Debtcollectionanswers

As executor of your brother's will you are legally responsible for filing his will with the probate court in the area where he lived, which will begin the probate process. Once the process begins, you are also responsible for inventorying all of his assets, including the truck, notifying all of his creditors of his death so they can file claims with the court to get paid, and for paying all probate-related fees and expenses as well as any debts your brother owed at the time of his death. With two exceptions, you are not obligated to pay any of these things using your own funds. You will pay what he owed using whatever money he may have had in the bank and using other liquid assets he may have owned at the time of his death and you may also have to sell some of his assets to pay everything. (Note: Here are the exceptions. If any of your brother's unpaid debts are joint debts between you and your brother or if you cosigned for any of the debts your brother owed at his death, you ARE personally liable for them.)

It is possible that there will not be enough money in your brother's estate to pay all of his unsecured debts -- credit card debts for example. If that is the case, those creditors will be out of luck and they are not entitled to expect you to pay them out of your own funds. However, if your brother died owing any secured debts, those debts must be paid in full during the probate process of the assets securing the debts must be returned to the lender. Therefore, if your brother still owed money on the truck when he died and there is no money to repay that loan, you must give the truck back to the lender. It is entitled to take it back otherwise. And, title to the truck cannot be transferred until the debt is paid.

None of your brother's assets can be distributed to his beneficiaries according to the terms of his will (no titles can be transferred) until as many of the fees and expenses and debts that he owes have been paid.

I know you would like to keep the truck, but did your brother leave it to you or to someone else in his will? If he left it to someone else, you are not entitled to it. Also, as I am sure you understand now, if there is money still owed on the truck, that loan must be paid off before it can be transferred to you or anyone else.

If you have any additional questions, I recommend that you contact the probate court where your brother's will is probated or that you talk with a probate attorney in your brother's area.

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