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#4797642 - 06/25/18 11:06 PM Legalise To Leaving an Auto In A Will?
sleddriver Offline


Registered: 02/06/10
Posts: 4704
Loc: Central Texas
Deep in the process of revising my will. Not only is it time, but I've had several close calls in addition...

To the lawyers on here, what's the best language to use to "bequeath" the sled to a family member? I have the title. It's certainly paid for. Vehicle description + VIN + registration information? What docs should I include so they're all in a single folder to minimize transfer hassles?

I do have a complete maintainence history/log book now going back since she was new and the dealer took delivery in Fall 1997. That will certainly be included in the folder. The brands & types of fluids are in there as well.
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#4797647 - 06/25/18 11:15 PM Re: Legalise To Leaving an Auto In A Will? [Re: sleddriver]
bubbatime Offline


Registered: 03/18/08
Posts: 5720
Loc: South Florida
Put their name on the title as a co-owner NOW and then they can just grab the car keys when you die and drive it home.
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#4797652 - 06/25/18 11:29 PM Re: Legalise To Leaving an Auto In A Will? [Re: sleddriver]
csandste Offline


Registered: 05/31/02
Posts: 1222
Loc: St. Peters, Missouri
Make the title TOD, rather than co-owner. That way it's yours until you're dead.
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#4797670 - 06/26/18 01:11 AM Re: Legalise To Leaving an Auto In A Will? [Re: sleddriver]
JLTD Offline


Registered: 12/15/17
Posts: 831
Loc: US
Sorry to hear you are having to take stock of things.

Yes, include all the things you listed in the folder. In the Will itself, probably VN and description will be enough. Like the idea of registering it early, not familiar with TOD so csandtse please enlighten!
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#4797827 - 06/26/18 09:48 AM Re: Legalise To Leaving an Auto In A Will? [Re: sleddriver]
tcp71 Offline


Registered: 08/12/13
Posts: 288
Loc: Alberta
https://www.investopedia.com/terms/t/transferondeath.asp

Seems like a great way to handle assets.

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#4797881 - 06/26/18 10:49 AM Re: Legalise To Leaving an Auto In A Will? [Re: sleddriver]
Win Offline


Registered: 02/05/03
Posts: 4451
Loc: Arkansas
My experience with TX is that some of their laws can be somewhat unusual in comparison to the surrounding states, in part because TX has been under so many nationalities, including the independent Republic of Texas, as well as evolving unique laws adapted to the vast size of the state.

Depending on the size of your anticipated estate, and the asset composition, and whatever the intestacy laws of TX are, and what you want to do and how, it may be possible to set everything up where you do not need a will. Or it may not.

My suggestion would be to make an appointment to talk with a lawyer licensed in your state, and go over the whole thing, not just your car.
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#4797886 - 06/26/18 10:55 AM Re: Legalise To Leaving an Auto In A Will? [Re: tcp71]
csandste Offline


Registered: 05/31/02
Posts: 1222
Loc: St. Peters, Missouri
Originally Posted By: tcp71
https://www.investopedia.com/terms/t/transferondeath.asp

Seems like a great way to handle assets.


I've been widowed twice and never probated a will. Every asset was transfer on death or joint. Have two daughters and alternate which one is listed as TOD on the car. Usually let 'em have it when I get a new car and put TOD on the title for the next one.
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#4797901 - 06/26/18 11:22 AM Re: Legalise To Leaving an Auto In A Will? [Re: sleddriver]
BrocLuno Offline


Registered: 09/06/15
Posts: 5612
Loc: Kalifornia Kollective
Be glad you are not in Cali ... Unless all your assets are in a well set up TRUST, it will go through the courts as a matter of existing State Law ... frown
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#4797917 - 06/26/18 11:33 AM Re: Legalise To Leaving an Auto In A Will? [Re: sleddriver]
Mr Nice Offline


Registered: 09/12/04
Posts: 21325
Loc: Orlando, FL
Yep, in some states probate is mandatory.

Here in Florida: names listed as... TOD, POD and Joint Tenant(s) is rock solid.

All you need is an official copy of death certificate and you are good.

I would definitely talk to someone in the state of Texas for clarification. Maybe the Texas DMV as to how they recommend to transfer ownership of vehicle.

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#4797931 - 06/26/18 11:46 AM Re: Legalise To Leaving an Auto In A Will? [Re: sleddriver]
Stevie Offline


Registered: 11/08/04
Posts: 213
Loc: Port Aransas, TX
Sometimes there is very good and interesting information shared here. This is one of those times.

Thanks guys

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#4797988 - 06/26/18 12:58 PM Re: Legalise To Leaving an Auto In A Will? [Re: sleddriver]
Leo99 Offline


Registered: 03/30/14
Posts: 3109
Loc: NJ
Reminds me of Grand Torino. I would unclutter the envelope and not put maintenance records in with the will. Have a separate envelope for "the car". Do you think your heirs will fight over the car. Your executor will be responsible to ensure your will is carried out. They should have copy of the will now.

Do all states allow Joint tenants on a car registration? I've never heard of that in NJ.
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#4798042 - 06/26/18 02:00 PM Re: Legalise To Leaving an Auto In A Will? [Re: sleddriver]
hallstevenson Online   content


Registered: 04/25/17
Posts: 411
Loc: Ohio
Originally Posted By: sleddriver
I do have a complete maintainence history/log book now going back since she was new and the dealer took delivery in Fall 1997. That will certainly be included in the folder. The brands & types of fluids are in there as well.


Is that so the person who gets it can maybe get more money when they sell it ? 90% of buyers don't care about that stuff... Most used cars won't even have an owner's manual in them.

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#4800778 - 06/29/18 05:06 PM Re: Legalise To Leaving an Auto In A Will? [Re: hallstevenson]
sleddriver Offline


Registered: 02/06/10
Posts: 4704
Loc: Central Texas
Originally Posted By: hallstevenson
Is that so the person who gets it can maybe get more money when they sell it ? 90% of buyers don't care about that stuff... Most used cars won't even have an owner's manual in them.
No. Wrong assumption. You haven't been on BITOG long...

Complete, accurate records have been a part of every vehicle I've owned.

That includes the owners manuals....
_________________________
1998 Volvo V70 T5 226,808 mi. Original Owner.
M1 10W-30 HM
"It's never a mistake to buy tools, defined broadly. They're not a cost, they're an investment." - J.B. Peterson

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#4800785 - 06/29/18 05:13 PM Re: Legalise To Leaving an Auto In A Will? [Re: Leo99]
sleddriver Offline


Registered: 02/06/10
Posts: 4704
Loc: Central Texas
Originally Posted By: Leo99
I would unclutter the envelope and not put maintenance records in with the will. Have a separate envelope for "the car". Do you think your heirs will fight over the car.
A will is a legal document; maintenance records are not. Thus the later will not be "mixed" in with the former.

An envelope isn't near large enough! Could possibly digitize though....

Fight over a 21yr old car?
_________________________
1998 Volvo V70 T5 226,808 mi. Original Owner.
M1 10W-30 HM
"It's never a mistake to buy tools, defined broadly. They're not a cost, they're an investment." - J.B. Peterson

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#4800786 - 06/29/18 05:18 PM Re: Legalise To Leaving an Auto In A Will? [Re: Win]
sleddriver Offline


Registered: 02/06/10
Posts: 4704
Loc: Central Texas
Earlier will was drafted and valid by an attorney w/i Texas. I'm updating what was written there to bring it up to date. Going into more detail this time with "who" gets "what".
_________________________
1998 Volvo V70 T5 226,808 mi. Original Owner.
M1 10W-30 HM
"It's never a mistake to buy tools, defined broadly. They're not a cost, they're an investment." - J.B. Peterson

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