Public Mediation

My Claim vs. MA Registry of Motor Vehicles is uninformed about correct procedure for estate executors to sell a car

J. P. vs. Massachusetts Rmv
Ombudsman's Office, Registry of Motor Vehicles, P.O. Box 55889, Boston, Massachusetts, 02205-5889, United States
Amount Involved: $75.00
Complaint(s): Problem with a service
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: 2 non-monetary items.
    • Claim #: 1028440
    • Amount Involved: 75.00
    • Filed On: Dec 08, 2015
    • Posted On: Dec 22, 2015
    • Complaint(s):
      • Problem with a service
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"I called the RMV to inquire about what I need to do to sell my deceased brother's car. I am the executor of the estate. They told me that I had to transfer the title to my name before I could legally sell the car. Yesterday I brought in the death certificate and the Letter Testimentary to the RM , showing that I am the executor of my brother’s estate; and per the RMV's instructions I paid $75 to transfer the title to my name. Now I have to get insurance and plates before I can sell the car.

I've just spoken to my insurance agent. As executor, I actually have the right to simply assign the title to a new buyer. If the RMV had given me the correct information in the first place, I'd be able to sell the car this week (rather than waiting a month for the new title to arrive); and my brother's insurance policy would still be in effect so that potential buyers could test drive the car. The RMV gave me incorrect information.

I want to complain about the fact that I paid $75 for an unnecessary title transfer, but now also have to wait a month for that new title to arrive, and will also have to pay another $60 for new plates and registration because of that unnecessary title transfer.

Apparently the RMV personnel do not themselves have a clear understanding of this situation. I want the RMV to REFUND my $75 and RESTORE the title to the original owner (my brother). As his executor, I shouldn't have had to do ANY of this.

Update: 12/21/15

I did receive a form from the RMV offering me the opportunity to file for an appeal. However, they charge a $50 filing fee to register a complaint, and I didn't want to give them any more money. I don't know the name of the person who originally told me that I needed to transfer the title to my name in order to sell my brother's car, even though I am the executor of my brother's estate. I had already paid the RMV $75 for the title transfer fee, and another $60 to then register the car in my name, and ss soon as I get the title in the mail I will have everything I need to legally sell the car. I just want to get the process finished.

I did get some confirmation from the clerk at the Watertown RMV, where I paid for the new registration and plates. She was appalled that I had been told to pay for a title transfer.

I think the best thing for me to do at this point is to to try and get information about this situation into public view somewhere - simply inform people that executorship gives them the legal authority to sell a car without having to formally transfer ownership to themselves first.

It's clear that some people who work at the RMV don't like to say "I don't know, let me ask someone who does." This happens all over, and is not just a problem at the RMV, of course. But it would be nice if someone at the RMV would at least apologize, and offer to tell their employees that they should not pretend to knowledge that they don't actually have.
"
...
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What Claimant Wants Hide
Non-Cash
What By When How Much
1. Apology: I want an apology for your employees having told me that I HAD to transfer the title of my deceased brother's car in order to sell it. Your employees should be instructed that Executors have the legal authority to dispose of property already. Dec 31, 2015 N/A
2. Restore the original title to my brother's name, so that I can sell it immediately, without having to 1. wait a month for a new title to arrive 2. pay for new plates and registration 3. pay for new insurance Dec 31, 2015 N/A
Cash
1. Refund: cost of title transfer Dec 30, 2015 $75.00
2. Other – Copy claim to regulators Dec 30, 2015 $14.99
Cash total : $89.99
Non-cash: 2 items
  • 2
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from Massachusetts RMV. This claim will remain posted until resolved
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