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Back in June, my MIL who lived in another state died, and in a simple will, left her worldly belonings to her son and daughter. She had an old 197x something car among her possessions which the son and daughter (my wife) wanted to go to one of her grandkids. Wife and brother acquired the title, and both singned it, along with a bill of sale, and a statement of their mother's death, and a copy of the will.
Son takes all this paper work to the county office to get his tag, BUT HE IS TOLD THAT HE HAS TO HAVE A "DOCUMENT OF TESTIMONIALS" ? I believe that is what he told me.
What it is a a legal document that apparantely only exist in the State of Alabama because nobody back in her state ever heard of such a thing. That state says all the documentation he had should be way more than anything required.
At any rate, what we now have is a "Catch 22" where the state requires a document that does not exist in order for my son to tag the car from his grandmother.
I don't know how you feel about this but this just sucks !
I'd like to hear what y'all think about this, and if there is anyone still on here that knows something about such a thing, please let me know.
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It sounds like the clerk is confused. There are two regulations governing transfer of title from a deceased person.

Left Will - Probate not required

Left Will - Estate Requires Probate

When the estate requires probate, there is a document called a Letter of Testamentary that is required. That is defined as follows:

Documents issued by the court of proper jurisdiction indicating what person, bank, or organization has been appointed as executor or administrator of an estate.

It sounds like they think your MIL's estate requires probate. You will need to go to a supervisor and clear this up.

Another option is to either get a letter stating that the estate does not require probate or try to transfer title in the originating state and then transfer it down here later.
Thanks all, Moby -- the two links were helpful. The will has in fact been probated as of back in Sep. so it appears that son in fact did have all the documents necessary, and the civil servent was just giving him a hard time just because he could.
Ya'll are correct on the name of what they ask for. It is unheared of in that state. The kids own the car and should be able to give it or sell it to whoever they want.
LMM, I once had trouble transfering title from a car registered in Ms to Tn. They wanted the owners signature but he was dead. They had no idea what that ment. Went back the next day, talked to a different person and got the tag in about 10 min. I had all I needed all the time.
I have a friend who bought a used truck. The state later found out the truck had been totaled, and they had no documentation of who did the repair work. Because they could not document who did the repair work, the state pulled the title on the truck. My friend is now left with a $12,000 vehicle that he can't drive. Although he did win his lawsuit against the insurance company responsible for this, attorney's fees plus expenses ate up almost all of his reward. Now that sucks.
When I purchased a car from the estate of a Tennessee relative, the executor, who was an attorney, assured me that he had given me every thing I needed to acquire a title in Alabama. Of course he was wrong, but the funny thing was...

The first clerk with whom I spoke asked me if my cousin intended to drive the car anymore. I replied that I assumed he intended to stay dead.
quote:
Originally posted by FirenzeVeritas:
When I purchased a car from the estate of a Tennessee relative, the executor, who was an attorney, assured me that he had given me every thing I needed to acquire a title in Alabama. Of course he was wrong, but the funny thing was...

The first clerk with whom I spoke asked me if my cousin intended to drive the car anymore. I replied that I assumed he intended to stay dead.


GREAT ANSWER!!! Big Grin
Alabama does seem to make it very difficult to get a tag or title on an automobile. Getting a salvaged title out of salvage is a nightmare and pretty much can't be done. I learned that in some states all you do is call their police department and they have officers that are qualified to inspect and pass a vehicle that come out and do so. You pay the fee and get your title out of salvage. In Alabama you have to have a specially licensed shop to do the repair work, but if it was done in another state before you bought it, you might as well push it in the river, 'cause you aren't getting a title for it.

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