QUESTION
Shouldn't the car be a part of the will and be sold as part of the estate?
Asked on Jun 02nd, 2017 on Estate Planning - Ohio
More details to this question:
Is it acceptable for one of the siblings of an estate to take a car out of an estate saying the decedent said it was their wishes while laying sick? This car is going to someone who is not on the will, and against other sibling’s desires.
2 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Cars are seldom mentioned specifically in a will (except valuable classic cars or cars with great sentimental value like a 1934 Rolls-Royce Roi de Belges or a 1957 Corvette that the deceased had owned for 40 years). Because vehicles have a title, they can only be transferred by the probate court (the deceased can't sign over the title).
Answered on Aug 23rd, 2017 at 5:27 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If there is a valid will, then the car must pass under the terms of the will. The only exception is if there is a "transfer on death" designation on the car title. If so, it would transfer to the beneficiary named. The "TOD" takes precedence over the will. If you need any assistance, please contact my office.
Answered on Aug 22nd, 2017 at 3:43 PM