I got to trust none of my fathers cars were put into the trust he did the first one and 2004 for a second one with his wife and 2008 all cars vehicles house are titled into my fatherโs name before she was married and not retitled in the estate or her name what do we do.
Hi,
If I am understanding the background to your question correctly, your father had a Trust made in 2004. Do you know if it was revocable or irrevocable? Then, he created a new (revocable?) Trust with his (new?) wife in 2008. The new trust is completely new, but no assets were added.
As described, your situation is hard to respond to. Usually, when a person has a trust but then creates a new one, the new trust is often done as a Restatement of Trust. This is a re-designing of the first trust, but keeps the same name. The benefit is that it provides a whole-sale re-accomplishment of the trust but, because the name doesn't change, the property that was titled in the name of the first trust is automatically part of the restatement.
Additionally, the new trust (restatement or no) usually includes language stating that any previous trust or will is revoked by the new trust. So, the old trust documents should be destroyed. Any personal property that your father documented as being in the old trust, should be carried forward into the new one.
With respect to vehicles, it's pretty common that, unless they are special collector's edition vehicles (classic old cars or specialized vehicles), many estate planning attorneys advise their clients to not title the vehicle in the name of the trust because people don't usually keep cars for longer than 5-10 years and re-selling or trading in can be problematic because banks prefer them to be titled in a person's name. That being said, if your father's new trust is a re-statement of the old trust and he had titled his vehicles in the name of the trust, then the vehicles will still be part of the trust. If that is the case, there is nothing for you to do.
Hopefully this answers your question.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.