Can a car be registered in such a way that it is mine while I’m living and my son’s after I die without it going intomy estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a car be registered in such a way that it is mine while I’m living and my son’s after I die without it going intomy estate?

For example “father” and “son” vs. “father” or “son”.  Basically, the situation is that I’m buying a new car with cash, and I want it to go to my son if I should I die. I want to avoid the car being part of my estate to avoid taxes and/or possible liquidation to pay off any debt belonging to the estate. 

Asked on March 7, 2011 under Estate Planning, Connecticut

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unfortunately, the only way to do that is if you both owned the vehicle jointly with right of survivorship, which you need to see if you can do with your vehicle in your state. The only other way is to set up a trust and see if you can place the vehicle in your trust to be given to your son when you pass on. You cannot avoid probate if you simply use a will but a pour over will (into a trust) could help you avoid probate and any issues of transfers. Please consult with an estate planning attorney in your state to ensure you can transfer through the trust or if you can currently transfer so both of you have title. With joint title of course would come joint liability and insurance would be a factor, as well.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption