Question:

A car is titled in three names including someone who has past away, does the car become part of the estate?

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the names are listed as "or" and not "and" so can one of the people listed on the title change it to just his name?

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  1. It depends on how it is worded.  If it says " John,  A N D  Mary  A N D   Beth".  It would have to be probated.

    If it says "John  O R  Mary  O R  Beth" then it doesn't have to be


  2. If it's 'or', you may want to check with DMV, pretty sure you'll just need to fill out a 'notice of probate' form & have it signed by whomever is executor of the deceased's estate.

  3. It's "passed", nor "past" which refers to an earlier time period.

    Officially a one third interest in the vehicle could be considered an asset of the estate, but if the separator between names is "or" either of the remaining two could put it their name alone without the knowledge or permission of the other owners.

    To be absolutely sure, check with the executor of the deceased estate.

  4. With an or statement the car can be transferred to some one else with out the permission of the other parties (living or dead).

    If it were "and" with rights of survivor ship then the car would go to the other parties.

    So it should not be considered as part of the estate.

  5. I used to work for AARP Auto Insurance, and i will tell you directly what i was taught....

    If there are three names on the registration, that would most likely mean that the car was registered under the estate of. If one person has passed away, and there is a mutal agreement between you and the other person...then you can take both of your statements to where you have your car registered and fill out some paperwork for them to change it into whomevers name. But first you're going to need to find out on the registration about the person who passed away, if they had any hiers to the car. Because if the car was meant to become in the name of anyone else, you would need thier consent to change the registration as well.

    Also, make sure you have this lined out and peachy keen with your insurance as well, often times ins companies will not insure those vehicles, or else if they do, and the registration information on the vehicle is incorrect, they may not pay anything if anything should ever happen to that car.

    Another thing you can do, because every state is crazy and has different laws concerning that, you should call your dmv or ins company and have them look up the state specifics, and what is required for a vehicle registered in the "estate of"

    Good Luck.

  6. no.  anything in joint names automatically go to the remaining owners if any decease.

    this can be a trap for the unwary if there are loans to pay.

    you cannot put anything that is joint names in a  last will and testament.

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