Vehicle and Probate

    Posted by MAIA on Jul 23, 2020 12:00:00 AM

    This question was answered based upon current rules, regulations & statutes in effect on July 2, 2020

    I am wondering if you would be able to help me out with a question.

    I have a customer(Mary), whose mother (Jane) died in 2018, she (Mary) has sole power of attorney and a will. She (Mary) is trying to gift the vehicle that was in her mothers name (Jane) to her son (Timothy).

    But the registry keep rejecting the paperwork saying it must have gone to probate papers. She claims it never went to probate as there was a will. How can we get this vehicle registered we have been dealing with this for a year now.

    Thank you in advance


    Kathy Cormier:  That is correct.  Only a surviving spouse is not subject to probate.  Even though there is a will naming Mary, she must produce the paperwork from Probate court to sign the vehicle over to another person.

    This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

    Topics: Registry, 2020

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