QUESTION
Am I now the legal owner and should I change the title to my name only?
Asked on Jan 07th, 2014 on Estate Planning - Michigan
More details to this question:
I bought my father in law a car and paid cash. I had the title put in both of our names. He recently passed.
12 ANSWERS
Edwin K. Niles
You are the owner.
Answered on Jan 09th, 2014 at 12:32 PM
Yes, if you have joint tenancy. Yes, you should change it to just your name.
Answered on Jan 09th, 2014 at 12:32 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Take care of this problem with the DMV.
Answered on Jan 09th, 2014 at 12:32 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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You need to look the title and find out if you owed the automobile as joint tenants or tenants in common. If tenants in common, then the automobile needs to go through probate. If joint tenants, take the title and a death certificate to a Department of Revenue license bureau to get his name off. You can then always do a T.O.D on the title which is "transfer on death" so that if you pass away, the person you name can have the title changed without the automobile going through probate.
Answered on Jan 09th, 2014 at 12:31 PM
2 Awards
You are likely the owner depending on exactly what the title says. Go to the DMV and they will help you complete the appropriate froms. Be sure to take the death certificate.
Answered on Jan 09th, 2014 at 12:31 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Maybe, if you took title with right of survivorship. Go to DMV.
Answered on Jan 09th, 2014 at 12:31 PM
3 Awards
If title is an "or" then yes you may remove his name through the DMV in Nevada. If it is an "and" you may need to use an Affidavit or go through a probate process, like a set aside. Review the tile and the DMV requirements. Best of luck to you.
Answered on Jan 09th, 2014 at 12:31 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The answer is probably yes, in terms of ownership. Whether to change the title or not is up to you. You will only have an issue, if/when you decide to sell the car. At that point, you would need to produce a certified death certificate. You may want to review the title with someone from Secretary of State to make sure re: ownership. There are ways of holding title where it would not automatically pass to the survivor.
Answered on Jan 09th, 2014 at 12:30 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Yes, you should put the car in your name. To do this you need to take a certified copy of his death certificate to the Missouri Department of Revenue (I am presuming this is where you registered the vehicle - if it's another state, the same basic provision would probably apply but you would have to check on this). There is probably a small fee the DOR will charge for the new title.
Answered on Jan 09th, 2014 at 12:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Take a copy of the death certificate to the DMV and get a new title issued.
Answered on Jan 09th, 2014 at 12:20 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If title to the car was held in joint tenancy then as the survivor you would be the sole owner. You should request a new title showing the passing of the other joint tenant to clarify ownership.
Answered on Jan 09th, 2014 at 12:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you should have the vehicle re-titled in your name only.
Answered on Jan 09th, 2014 at 12:13 PM