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The ownership of any vehicle is determined by the titling of said vehicle. If a married couple resided in a community property state and the vehicle was titled in one or both names at the time of the spouse's death, the vehicle belongs to the surviving spouse. In non CP states the probate laws apply, although it is a general rule that at least one vehicle is the property of the surviving spouse. Both situations are based upon the vehicle not having a lien, either for the original loan or other matters. If a vehicle is not owned freely and clearly at the time of the owner's death, the lending contract must be reaffirmed or the vehicle becomes a part of the probate procedure and succession laws apply.

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Q: Is a deceased father's ownership rights of a vehicle distributed through probate to his heirs?
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Sample of a letter of administration for probate?

Letters of administration of probate are issued by the court. If a will is left by the deceased, the property is distributed according to the will. If there is no will, the property goes into probate and the courts decide.


In Florida what rights does a child have to a deceased father's house if there was no will and his girlfriend is a joint mortgage holder?

You have some rights to inherit your fathers property - if it is his property and in his name - and the girlfriend may have part ownership or should have if she has been paying on it. See a lawyer. * When a person dies without a will the deceased property and asssets are distributed in accordance with the state's probate succession laws. Ownership is real property is determined by how the property is titled the names on the mortgage agreement only indicate who is responsible for the debt. The wording of the property deed determines whether or not the property is subject to probate procedure and partitioning.


What happens if you and your husband die in a car accident and you do not have a will?

State probate laws will determine how the deceased's estate is distributed.


If you have a will and deceased owned a house that you live in does it have to go to probate?

Yes, the proper way to change the property ownership is through the probate process.


What is the best way to distribute an estate if all named beneficiaries are deceased?

It would be distributed according to the state's probate laws.


Do you need to do a Succession in two states if you have property in both states?

The probate process is called Succession only in Louisiana. The answer is YES, it is necessary to file a Probate in any other state in which the deceased owned property. This is necessary in order to transfer the ownership interest of the deceased to the heirs.


Can a survivorship deed serve as proof of ownership of deceased aunt's property?

Yes. If you owned property with your aunt as joint tenants with the right of survivorship then when she died full ownership of the property passed to you automatically with no need of probate.


Can Mother-in-laws collect insurance proceeds before children?

insurance proceeds are distributed to named beneficiaries In addition an insurance policy of a deceased that does not have a named beneficiary will be included in the probate procedure and the state's probate law of succession will apply.


Does every will of a recently deceased person have to be probated?

Probate of a Will is a civil court action for the purpose of the orderly transfer of property from a deceased person's estate to his or her heirs. A Will is a formal document directing how the deceased person's property is to be distributed. If there is no property to distribute, there is no need to probate the Will even if there is one in existence.


Should a deceased belongings be distributed before going through probate?

No. No one has the right to distribute a decedent's property until they have been appointed by a court. A person's debts must be paid before any property is distributed to the heirs.


Can those that inherited an estate continue to claim part ownership on furniture distributed to other beneficiaries?

Not once it has been distributed or there is specific direction as to who gets it if the primary individual doesn't. The distribution is supposed to be final and no longer subject to probate.


What can cause an estate to go into probate?

The decedent's property is distributed according to the provisions in the will, or according to the state laws of intestacy to the heirs at law, after the debts of the decedent and any taxes and costs of probate are paid.