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IamJan Asked October 2016

Mom recently passed without gifting her car to my daughter. How can we get insurance and continue using it until the sale?

The insurance is paid for the month but we don't know how to keep the car covered in case of an accident. Can we just add it to my policy prior to the ownership transfer so we can continue to use the vehicle? We live in Missouri.

pamstegma Oct 2016
Call me bad. I sold Dad's car by forging his signature on the title. I gave the $6,000 to his wife. Go ahead, arrest me. DMV will not let you register the car without written permission from the owner in NY. Insurance is another matter, they may balk.

GardenArtist Oct 2016
Zytrhr, thank you for that clarification. I should add though that if there's a trust and the car was identified in the Bill of Sale to the Trust, or included in the general description of "all" assets, the car does not have to go through Probate.

And as I noted, if there is a Will, it governs in terms of whether or not the daughter or someone else should get the car.

It would help if the OP provides more information for the 4 questions she's asked.

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zythrr Oct 2016
GardenArtist

Will or not if there is no TOD, the car would have to go through Probate. I speak from personal experience, since my late wonderful uncle wanted my mom to have his car. He did not have a TOD, so it went through Probate. She did not get it anyway, because he had an accident and the cost of repairs was more than what was in the Estate, so the dealer kept the car.

zythrr Oct 2016
This is important. Did your mom have a Transfer on Death Beneficiary (TOD)? If not, the car will have to go through Probate. I don't believe you can drive the car until it is cleared through Probate. If there is a TOD, all your daughter would need to do is take the title with her being named to the BMV, along with her info,just to be on the safe side (Driver's license, SSN, etc) pay the fees just as if the car was already in her name and she is good to go.

I'm so sorry for your loss.

GardenArtist Oct 2016
At this point, I think it's appropriate for us to know whether or not you are identified as Personal Representative or Executrix, and if not, who is. And what's the status of the Probate proceeding?

The assumption in this post is that gifting of the car to your daughter is what your mother intended. However, as you state, it was not done. If there's a Will, you need to follow the bequests established therein, even if the car isn't gifted to your daughter.

Couple that with the fact that it's apparent you weren't involved in any assistance with her assets and have little knowledge of her financial situation.

I apologize if I'm wrong but I can't help wondering how much contact you had with her during her last months, and if someone else will be PR or Executrix/tor.

You did mention in your real estate post that "there are immediate concerns".

If you want the best and most appropriate answers, it helps to provide background information, especially in this particular question.




If the car is still titled in your mother's name, you'll have to have estate documentation to transfer it to your daughter, unless a will provides otherwise.

I doubt if any underwriter would ensure a car that you don't own and which is titled in the name of a deceased, but call your agent and find out.

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