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If I have POA, can I transfer the title of my MIL’s vehicle without her signing the title. Backstory: MIL lived in Delaware, in February 2019 We brought her down to FL, got her DE license cancelled and got her a FL ID. Her car was just driven down here to FL this week. It has DE tags & registration even Geico is listed in DE with her DE address of the home that was sold. Now, if I simply go to DMV and just get car titled in her name, I will have to pay 7% tax on the car’s Kelly book price which is 33k. ($2300.00). Plus the cost of the title tags & registration which is about another $400.


If I can get the car in my name saying she gifted it to me, can I, as the POA, sign her name on the title? I cannot afford to put out an extra 2+k, just to get the car legal. My MIL will never drive it ( & she is OK with that) & I drive her wherever she needs to go but she doesn’t want to sign it over to me. I tried explaining this to her to no avail. If I cannot get it in my name, I will have up take the tags off and park it in my yard. I have my car to get around, but she is a rather large woman and it’s difficult getting her in & out of my little car.

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She can give you the car, or she can pay the registration costs, or she can sell it and pay for cabs if she's tired of struggling to get out of your car.

What reason does she give for not wanting to transfer the car to you?

Remember this: this is HER car and therefore HER problem to solve.
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MAYDAY Sep 2020
I agree... but then again the child should be the one involved not the child-in law.
her car, her issue,,, if she doesn't want to drive, let her call the taxi...
storage fees? registration fees, insurance fees... it all adds up. wipe your hands clean of this... if it gets towed, stolen, or trashed, it is not your issue.
SQUIRRELS... THEY ARE THE WORST!
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Ok. I think I got it all in order now. I was wrong. There is no 7% tax to be paid. I called Geico and had the car put onto my policy, so it’s now Fl insured. I have an appointment with the DMV on the 16th to transfer the title & registration to Florida. I have two choices now: bring her to the DMV and just keep it in her name ( cost is $400). Or I can bring the POA, and have it transferred into my name ( I don’t have to have her signature on the title to do this), cost is same $400.
regardless of who’s name is on the title, the car is only going to be used for her doc appt. I’m leaning towards putting it in my name b/c it’ll save a lot of angst & paperwork after she passes. The car will not be sold as long as she’s alive. Another reason is my BIL, who will be there with his hand out to get what he can after she passes. He has refused to help take care of her these past 20 months, hasn’t offered to take her for a week to give us a break. The car is her only asset.
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Are you sure that you would have to pay a tax on value if you keep it in her name? That doesn't seem right.
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I would be very careful of having MIL gift you the car... I don’t know her financial status, but a monetary gift of car would effect her future Medicaid status if she were to need that...
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Read your POA. A Durable POA with all the boxes checked allows you to sell the car.

Do what you have to do to safely transport her and not have a vehicle rotting to the wheels in your yard. With dementia all bets are off and you do what you have to do.

I still can't believe that Florida has the gaul to charge sales tax for bringing your own vehicle. Sounds really fishy to me. Perhaps she never paid sales tax when she purchased it? We fought a war over this taxation, sorry, it just blows me away.
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BarbBrooklyn Sep 2020
Yup, it was called The Whiskey Rebellion". The government won.
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The OP needs to get her MIL Florida auto insurance. She is attempting to get the care re-titled, which is incorrect. She needs to TRANSFER the registration to
Florida.
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I am confused. You say you want to get the Title changed. Is the title not already in your MILs name, no matter the address.
In some states you can be added to the title; in California you can add immediate family member to the title. We just did this, and as members of AAA we went to one of their offices to do it. In California, at least they are linked up with DMV offices. You can also Call your local Department of Motor Vehicles to see what and where to do something.
You don't want to try any fancy stuff like "gifting". I have no idea, but this could have a bad repercussion if MIL ever needs to apply for medicaid and its 5 year (usually) lookback on gifting suns.
Looks like BarbBrooklyn has some good info for you below.
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You're trying to change the title as though the car was a purchase, not a transfer from one state to another.

You shouldn't ever be paying sales tax on a transfer.
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sounds weird... why isn't your spouse POA of MOM? ???

Why are you POA of MIL?

sorry, I don't read back stories often.. as in this case... it's late, got to go to bed.
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Lindajc2 Sep 2020
hubby & I are both POA, he has medical, I have durable
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If you are POA, you may ask your accountant this question.
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Lindajc2 Sep 2020
Thank you
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