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Reputation: 51

Buying a car from a dead person

My friend died last week. He was in his 50s, but had not designated any next of kin, and was very estranged from his mom, who lives in the area. We think that the Medical Examiner has been in contact with his mom and that she does not want to get involved at all. (We're not even sure what will happen with the body, but that's not part of this question).

He lived very simply, and his estate is probably worth around $1000. Not kidding.

In early April, he bought a beater car for $400 from a neighbor. He borrowed the money from a friend (call her Emily) to pay for it. The registration is in dead person's name in the glove compartment of the car. The title hasn't arrived (WA State website says expect it to arrive in 6 to 8 weeks).

I want to buy the car. I have given Emily $400. I have had a discussion with the previous owner about the history of the car. That all feels fine.

Now, the question: how do I transfer the title from dead-guy's name into my name? This situation must happen to other people. Is forging OK, given the small amount of money? Can I obtain my own insurance, if he still owns the car even though he's dead?

Also, is there a free small-question law clinic in the area that I could call?

I am a law-abiding person, and I get a stomache ache around this.

I would appreciate any input.

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  • Avatar_default
    Reputation: 831

    No, forging is not okay. You also probably shouldn't be driving the car around untill you can get at least a temporary registration (and insurance) in your name.

    If you can get even the slightest amount of cooperation from the mother, you need to get her to sign this form: http://www.dol.wa.gov/forms/420041.pdf

    and then have her sign over the title to you when it comes. That will be BY FAR the best way to handle this.

    If not, the other way to do it is either a bonded title or a three-year registration without title. With these options, the DOL issues you a temporary registration for three years after which if no on has challenged your ownership, the car is yours and they give you a new clear title. If it's a bonded title, you have to take out a bond (like from a bail bondsman) in 1.5 times the value of the car. I believe whether you have to get a bond or not depends on the value of the car. However, even doing it without a bond is a huge pain in the butt and, frankly, for a $400 car is probably not worth it. Here's the hoops you have to jump through: http://apps.leg.wa.gov/wac/default.aspx?cite=308-56A-210

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  • C5d579be15d0cabd9fcdff538f017ca1_reasonably_small_small
    Reputation: -47

    If there's no will, I think his mom would inherit the car and you would have to buy it from her. You could make a deal saying you paid Emily and then she should be able to sign it off to you.

    What you don't want is for the state to seize it if they learn he's deceased and don't have any record of next of kin.

    I would do the research online and call the Department of Licensing (or send an email) as this issue must happen all the time.

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