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I had a motorcycle from my deceased spouse...

Resolved • Response time 1 minute

22 Jan 2022

I had a motorcycle from my deceased spouse and no will. I need to get a duplicate title so that can sell it. it is titled in Indiana but I now live in Alabama. how do I go about doing this
JA: Have you talked to a lawyer about this?
Customer: No. Because of the age of the item and the selling price I believe this wouldn't be cost effective
JA: What steps have you taken so far?
Customer: I know that there's no lien or probate but the question is how do I achieve this without returning to Indiana?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I'm not the person who own the item and this is all the need info about this situation.
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22 Jan 2022

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Lawyer's response
22 Jan 2022
JKEsq
JKEsq
Managing Firm Partner

Hello and welcome! My name is ***** ***** I am a licensed attorney. I will do my best to help with your situation.

I know your question is important, but there may be a short delay in my responses as I type out an answer or reply.

I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

22 Jan 2022
Lawyer's response
22 Jan 2022
JKEsq
JKEsq
Managing Firm Partner

You were not on the title to the motorcycle even jointly with him?

22 Jan 2022
Customer reply
22 Jan 2022
No
22 Jan 2022
Lawyer's response
22 Jan 2022
JKEsq
JKEsq
Managing Firm Partner

I’m sorry to hear about your issues here, hopefully, we can get them solved quickly.

Unfortunately, when somebody dies there is no way to simply get their property into your own name without going to probate court. Without a will, the state intestate laws for the state they pass in govern.

Those laws typically say that property goes to the spouse, especially if there are no children. However, that must be done in probate court and a judge decides who gets what. Then issues a court order which allows the DMV to put the title into your name.

22 Jan 2022
Customer reply
22 Jan 2022
I hear that if you are if you get a certificate of title form have the death certificate and your ID and marriage papers this can be done at the DMV/BMV etc...
22 Jan 2022
Lawyer's response
22 Jan 2022
JKEsq
JKEsq
Managing Firm Partner

I cannot vouch for that statement.  You cannot do that without a court order generally.  If you were a joint owner with survivorship rights on the title itself then possibly yes, but you said you were never on the title at all.  Which is why I asked that question.

There is no way to prove to the DMV he intended to leave it to you rather than anyone else other than probate court here sorry to say.

22 Jan 2022
Customer reply
22 Jan 2022
Thanks
22 Jan 2022
Lawyer's response
22 Jan 2022
JKEsq
JKEsq

Great! You're very welcome and it was my pleasure.

It was my pleasure to work with you and help with your question. If you ever need to reach me in the future, you can post a new question with the title "For JKEsq” or just add me as a favorite Expert. You'll have the option to do that on your "My Questions” page.

Have a great rest of the day!

Customer rating:
JKEsq
JKEsq
Managing Firm Partner
Avg. question only $36
Managing law firm partner
22 Jan 2022
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