If my 21 year old’s car is titled in my ex-husband’s name and my ex dies, what will happen to the ownership of the car?

UPDATED: Jan 23, 2014

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If my 21 year old’s car is titled in my ex-husband’s name and my ex dies, what will happen to the ownership of the car?

What can be done to ensure that the car becomes property of my son if his father should die?

Asked on January 23, 2014 under Estate Planning, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your ex has a will, it will go to whomever it has been willed to. If he does not have a will, it will be distributed by intestate succession along with the rest of his estate, which means divided among any children and his current spouse (if any). To get it into your son's name, your ex-husband (the owner) would have to either give/gift it, or sell it (including possibly for a very small amount, if he's willing) to your son.

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