My partner needs his deceased fathers car title switched to his name. His mother is deceased as well. We are working on

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Customer: HI there- My partner needs his deceased fathers car title switched to his name. His mother is deceased as well. We are working on filling out a Florida HSMV 82040 FORM. He has 2 brothers who are adults and one minor sister who was adopted. What would be the process of getting the other heirs/heiresses to release rights to the car? Does a signed letter from the heirs suffice? Does his sister who is a minor also have to consent?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: What documents or supporting evidence do you have?
Customer: No will was left due to the sudden nature of the incident. We have Jon's father's death certificate and Jonathan is insured on the vehicle.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That's it I believe
Answered by Legal Lady Lawyer in 1 min 1 year ago
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Legal Lady Lawyer
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Legal Lady Lawyer, Expert

Hello and welcome! My name is ***** ***** I'm a licensed attorney. Kindly allow me a moment to review your question and respond.

Customer
Thank you
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Legal Lady Lawyer, Expert

Thank you for your patience! I’m very sorry to hear you are experiencing these issues, but I appreciate you reaching out to us for assistance. Hopefully, we can get this resolved quickly. I'm very sorry to hear that you are having these issues. I know how upsetting it is when you want to transfer a title on a vehicle.

I’d be happy to help with your question. First, though, I need to get some clarification.


  • Can you tell me if you have filed an action in probate court? 

The reason I’m asking is that I want to provide you with the best answer.

Customer
No, probate said the settlement would be too small. FL statute 319.28 states that vehicles can be exempt from probate.
Customer
We are working on filling out an HSMV 82040 form
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Legal Lady Lawyer, Expert

Thank you for that information. Yes, you would need letters from everyone that could have a claim as a possible heir.

Customer
Including minors who are ineligible to drive?
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Legal Lady Lawyer, Expert

Yes, if they are an heir they would have to send a letter as well.

Customer
Ok- what should the letter state and does it have to be signed?
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Legal Lady Lawyer, Expert

it should be signed and notarized. It should state that they aren't making a claim to the vehicle and giving up any interests.

Customer
Ok- they live in different states so just the letter would suffice? No in person needed?
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Legal Lady Lawyer, Expert

They shouldn't have to go in as long as you have the letters.

Customer
Ok. As far as the HSMV 82040 form goes- the only section that needs to be filled out is release of heirs interest?
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Legal Lady Lawyer, Expert

Do you have the instructions from the DMV?

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Legal Lady Lawyer, Expert

I'm sorry, you don't need letters it just says all owners have to sign it.

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Legal Lady Lawyer, Expert

You will need to fill out the whole form:


  • https://www.flhsmv.gov/pdf/forms/82040.pdf

Customer
The customer service agent at the DMV did not have very much knowledge on the form and didn't provide much help. Does the form need to be notarized?
Customer
Can they all sign virtually?
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Legal Lady Lawyer, Expert

Nope, it doesn't have anything on there that says it has to be notarized. I don't believe so I think they need their actual  signatures.

Customer
Ok! Thats fantastic. Thank you so much for your help.
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Legal Lady Lawyer, Expert

Have I answered your question? I’m very sorry that this happened.  If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. I invite you to ask me any follow-up questions.

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Legal Lady Lawyer, Expert

Hello again. I see you havn't answered my last reply.

I hope I have answered all of your questions. It has been my pleasure to help you. Keep me updated on your case. If you still have more questions about this issue, I would be happy to continue to assist you. If you need more clarification or if something doesn’t make sense, please let me know and I will try to clarify it for you. We are always here to help you with any future legal questions that you have. Thank you for using our site and for trusting me to answer your question. I am so sorry again, that you experienced these legal issues.

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