Detailed Answer
When someone dies in Louisiana owning or purportedly transferring a motor vehicle, you must decide if the vehicle remains part of the decedent’s succession (estate) or has passed outright to a beneficiary. Louisiana law focuses on three factors: the timing and nature of the transfer, compliance with statutory formalities, and DMV recordation.
1. Timing and Type of Transfer
- Inter vivos transfer: A sale or donation made and completed before death removes the vehicle from the estate if the title has transferred and the Department of Motor Vehicles (DMV) updated its records.
- Donation mortis causa: A gift made in contemplation of imminent death takes effect only upon the donor’s death. Under La. Civ. Code art. 1581–1611, such a donation requires a written act, acceptance by the donee, and proof the donor expected to die imminently.
• If valid and recorded before the donor’s death, the vehicle passes outside succession. Otherwise, it remains estate property until succession concludes. - Failed or informal transfers: If the decedent signed over the title but never delivered it, or if the DMV never reissued a title, the vehicle stays in the decedent’s name and belongs to the estate.
2. Statutory Formalities and Recordation
- Louisiana Revised Statutes require all title transfers (including mortis causa gifts) to be recorded with the DMV. See La. Rev. Stat. § 32:707 and § 32:708.
- Without DMV recordation, the vehicle remains titled in the decedent’s name. It then must pass through the succession process under La. Civ. Code arts. 1020–1084.
- Check parish succession court filings. The succession inventory must list all titled assets in the decedent’s name if not properly transferred before death.
3. Succession vs. Non-Estate Property
- If title transfer and recordation occurred before death, the vehicle is non-estate property.
- If title remains in the decedent’s name, treat the vehicle as estate property and address it in the succession proceeding.
Helpful Hints
- Always check the DMV’s online records to confirm title status.
- Retain copies of all title transfer documents and any written memorandums of donation mortis causa.
- Consult parish court rules on succession inventories and notices if the vehicle remains in the estate.
- Keep beneficiaries informed of vehicle status to avoid disputes during succession.
- When in doubt, seek guidance from an attorney familiar with Louisiana succession law.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.