Is Owning Your Car Jointly Enough for Your Mate to Avoid Probate?
One estate planning method that many couples use to avoid probate is called joint tenancy. This means that the two of you own the property together. As a result, if one spouse dies, the other will automatically own the property outright and thereby avoid having to through the mate’s estate to get ownership. Does the same concept apply to cars?
Joint Tenancy of Cars in California
Joint tenancy should help a car pass to the right person automatically. However, it is vital to register the car properly in both names. This is highlighted by a case involving two friends who co-owned a vehicle. When one of the friends passed away, the other expected to get full ownership of the vehicle since both names were on the title. But the court ruled that the title did not create joint tenancy but merely tenancy in common. As a result, the surviving friend received 50% ownership only, and the other half went to the deceased’s trust.
Knowledgeable Estate Planning Advice in San Diego
Knowing how to properly register your vehicle as joint tenancy is important if you want the car to avoid probate and pass immediately to the co-owner, whether that be your mate, another family member, or a close friend. The estate planning lawyers at Petrov Law Firm can help you to make sure you have taken care of all the details that will ensure a smooth transition. To get started on your estate plan and get the accompanying advice that you need, just call 619-344-0360.