Legalise To Leaving an Auto In A Will?

Status
Not open for further replies.
Joined
Feb 6, 2010
Messages
4,836
Location
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.
 
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!
 
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.
 
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.gif
 
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.
 
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.
 
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.
 
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....
 
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?
 
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".
 
Not a lawyer, but in your will (as advice given to me by my attorney), designate an Executor whom you have faith in and will decide on the distribution of items.

That's how I have mine set up.
 
Autos, boats, motorcycles, RV's, etc. fall under the category personal property. They all have titles. I'll use the info provided on the county registration form within Tx. That + the title should suffice. I sold my sailboats (mistake). Kayak doesn't need a title. So the sled is it.

I've also begun an inventory of personal property, banks, debtors, credit cards, brokers, insurance agents, CPA, lawyer, etc., user names & passwords, log-in information, agents, neighbors (who I trust, who has keys, who NOT to trust), contact info. etc. Will save my executors quite a bit of time I figured.

If I get killed or go into a coma from an auto crash, at least these details will all be in a single document.

I was hoping to find an "official" form for inventory & appraisement for the county probate court however they don't list one on their site. Didn't realize all of this stuff has to be appraised either. I can include my estimations of value on auto, computers, electronic test equipment, photography, astronomy, loudspeakers, woodworking machines, major kitchen appliances, etc. Sounds like a job for a spreadsheet integrated into an outline if necessary.

Q: Where's the best place to keep a will + all accompaning documents? (I read not a bank deposit box). I'm thinking they should also all be scanned and stored on a thumb drive and/or optical disk to minimize re-typing from paper only.

I did download some docs from county probate court site (mandatory information sheet the court needs, 10 key points to check in the will to ensure there are no paperwork SNAFUs, and all of the steps for executors when a decendent dies with a will). Lawyers will know all-of-this but I need to know it too and so do my executors.

For my own sake, I have cleaned out a lot of old files, records, bills, etc., thrown away stuff I haven't even picked up much less used in several years, gone through the kitchen and junked old glasses, food storage containers, plastic bags, dishes, expired canned food. Once I got started, I got into a groove and finished. I even cleaned out the frig & freezer & washed all of the storage bins! It's now very bright inside!

I find it very liberating to weed-my-life of this stuff at my age and be rid of it.
 
Originally Posted By: sleddriver
Q: Where's the best place to keep a will + all accompaning documents?


In my state, failure to produce the original of a testamentary instrument ( Will ) creates a presumption it was revoked or destroyed by the testator in his/her lifetime. It's a hard presumption to overcome, although it is theoretically possible.

I keep my will in a safety deposit box because drilling out a box if the key is lost is trivial, and orders and orders of magnitude easier than trying to advance a lost will by way of a copy, or even no copy.

My suggestion would be to check with your guy in TX. TX may or may not be different.
 
I have read up on Texas law regarding this. Wouldn't want to "talk off the top of my head" though without the documents at hand. I've read pro/con's re: SDB post-death. Also the importance of 'proving' a will beforehand to minimize frustration and delays.
 
Status
Not open for further replies.
Back
Top