Author Topic: inheriting a car and transfering title  (Read 1274 times)

Uturn

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inheriting a car and transfering title
« on: October 30, 2015, 04:32:32 PM »
Dad passed recently, and I am inheriting his car and have a couple of questions.  Basically, I don't feel like paying a lawyer, so I'm asking the internet. 

The will states everything goes to Mom and I doubt this will be contested.  The car is in Dad's name only with a clear title.  No state other than Texas is involved.

Does Mom need to put it in her name, then sell it to me since he didn't actually leave it to me?  Can she sell it to me and transfer straight to me?

Cadman

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Re: inheriting a car and transfering title
« Reply #1 on: October 30, 2015, 04:58:58 PM »
It probably depends on the state. When I went through something similar I needed the title in hand, a notarized copy of the death certificate and a bill of sale from the 'seller' having power of attorney for the deceased. If it's a 'gift', it can state as such and no taxes are collected. You might want to call over to the DMV to double-check for TX.

GizmoTX

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Re: inheriting a car and transfering title
« Reply #2 on: October 30, 2015, 05:13:32 PM »
Here's the form you need:

http://comptroller.texas.gov/taxinfo/taxforms/14-317.pdf

"A gift is the transfer of a motor vehicle between eligible parties for no consideration. Consideration includes anything given as payment such as cash, the assumption of a lien or other debt, payment for providing services or labor, or an exchange of real or tangible personal property. A motor vehicle received as a gift from an eligible donor located out of state is subject to the $10 gift tax when the motor vehicle is brought into Texas." A parent-child transfer is eligible.

"This affidavit must be submitted in person by either the donor or the recipient, with valid photo identification, to the county tax assessor- collector (TAC). If the vehicle is received as part of an inheritance, either the recipient or the person authorized to act on behalf of the estate (donor) must file the form in person with the TAC with valid photo identification, along with any documents required by the Texas Department of Motor Vehicles (TxDMV) for titling purposes."

Uturn

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Re: inheriting a car and transfering title
« Reply #3 on: October 30, 2015, 05:27:08 PM »
Thanks for the form.