POA /car title?

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Lindajc2 Asked September 2020

POA /car title?

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.

Driving Elder Law

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score 0 · Answer 1

Medicaid requires RE certification every 1-2 years. Be careful to check if putting car registration in your name is viewed as gifting and causes problems. Community Medicaid has different limits but some rules are the same. Check your state’s rules since you’ve already gotten misinformed once. Just a quick thought.

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score 2 · Answer 2

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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score 1 · Answer 3

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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score 1 · Answer 4

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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score 1 · Answer 5

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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score 1 · Answer 6

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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Yup, it was called The Whiskey Rebellion". The government won.

(1)

score 0 · Answer 7

https://www.valuepenguin.com/moving-new-state-heres-how-transfer-your-car-insurance-and-registration

There is no reason she should have to pay sales tax.

Get her car insurance changed to Florida.

https://www.flhsmv.gov/new-resident/

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I am. Have an appt w/DMV next week.

(1)

score 1 · Answer 8

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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score 0 · Answer 9

If she can’t afford to pay to have it properly registered and insured, then she can’t afford to keep the car. If she can afford to pay for registration, title, tax and insurance, and willing to let you drive it, just keep it in her name and let her foot the bill. Otherwise I would sell it and put the money in her account. And I would take it to a dealer for the sale. You may get a little less, but it will save you the headache of selling it privately and you will have adequate paperwork for your records from the dealer. I wouldn’t mess with transferring the title to yourself. It sounds complicated. And you always want to keep things easy and straightforward when you are a POA. Just my take on this.

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score 2 · Answer 10

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.

Helpful Answer (2)

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!

(0)

score 0 · Answer 11

tell her to sell the car, or charge her storage fees if this is an issue of space. tell her to find a garage and park it there. Talk this out with your spouse who should have POA on mom.. I would think...

I don't understand ... sorry...
if she cannot drive... tell her to sell it...
if she is that big or needs a wheelchair access van.. then hire one if and when she needs to go about... other than that... she really does not need a vehicle...
doctor appointments I found out, can be on facetime/video apps now... why else would she need to be driven about...
you can order groceries online due to COVID..but it seems like you are close enough to go get and bring back...
hair? who has hair? mine is falling out in bunches :(
yup the plumber.. more and more service companies are getting busier since more people are staying home.. One said, when he sees the temps rise, his phone will ring double the time.. crazy times.... wished I took plumbing or electric classes. may I still will..

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score 0 · Answer 12

If you are POA, you may ask your accountant this question.

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Thank you

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score 0 · Answer 13

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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hubby & I are both POA, he has medical, I have durable

(1)

score 1 · Answer 14

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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POA /car title?

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