HOW SHOULD YOUR CAR BE TITLED? by William R. Mumbauer - Attorney - www.flwillstrustsprobate.com
A reader asks: I own a car which I intend my grandson to have when I die. I’ve been told to put his name on the title now to avoid probate when I die. Do you think this is a good idea? Absolutely not! First of all, under most circumstances, Florida law exempts a car from probate. All that is usually necessary to transfer ownership of a car after death is for the beneficiary to produce a certified copy of the Will at the DMV office. And if probate is necessary, there’s usually other assets which require probate, so, under this scenario, adding another person’s name to the car title will not avoid the need for probate. Secondly, and most importantly, it is usually unwise to add
With the foregoing in mind, it is generally recommended that a car not be titled jointly and that it be allowed to pass by operation of law directly to a beneficiary named in the owner’s Will and in those rare circumstances when this is not possible, the car can be included as part of the probate which may otherwise be necessary for other assets of the decedent’s estate.
Mr. Mumbauer, a 5th generation Floridian, has maintained a law practice in Brandon, Florida since 1980 with emphasis on estate planning. Mr. Mumbauer takes special pride in representing the senior community by maintaining a sensitive and practical approach to problem solving. Mr. Mumbauer is a member of the National Academy of Elder Law Attorneys and the Elder Law Section of the Florida Bar. Mr. Mumbauer is also a Mentor in probate law and has been qualified by the Second District Court of Appeal in Florida as an expert witness in matters involving the drafting of Wills. Mr. Mumbauer’s Martindale-Hubbell Peer Review Rating among judges and lawyers for Legal Ability is High to Very High and his General Recommendation Rating is Very High. His articles are based on general principles of law and are not intended to apply to individual circumstances.
Do you think you’ve got the cutest pet? Show him or her off in the next issue of Lifestyles! We’re looking for the best dressed and most festive companions that our audience has to offer. See information on how to submit your fur baby for the contest below:
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T CON E P T S T E ES T T
CUTEST PET
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41 Years
another person’s name to a car title because the new joint owner then becomes liable for any subsequent negligent operation of the car. This is true even if a joint owner is not driving the car when the accident occurs. For example, if a grandmother adds her grandson to the title of her car and she is later sued because of an accident involving the car, her grandson will be sued as well. The grandson may be sued even if the car is stolen and later involved in an accident.
For submissions:
Send us a little bit about your pet (100 words or less) along with the best photo in their modeling portfolio and what city you live in to Rebecca.Fending@lifestylesafter50.com with the words “Cutest Pet” in the subject line, or through our Facebook at www.facebook.com/LifestylesAfter50. Submissions must be before the 15th of every month, otherwise it will be held for a potential feature in the following issue’s publication. Include your name, phone number and Florida city. Submissions are published on a basis of what space is available.
Tippy, submitted by Debora LaPoint of Zephyrhills, FL Lifestyles After 50 • July 2021 • 23
