Legal Question in Wills and Trusts in California
I am a woman in my forties and I have one younger sister. My mother is in her eighties and has just purchased a new Tesla, that I use to drive her around to her appointments. Her entire estate has been left to me upon her death. Since my sister hasn't been left anything, I am afraid she will try to take the car. The reason nothing has been left to her, is because her husband is a high income earner and she already owns an expensive home. The car was purchased very recently and is not in her trust. We called the estate attorney and they said it would all be transferred to me. Something doesn't sit right and I feel like it would not necessarily just go to me. It is her wishes that I take the car after her death, as I do not own a car myself. Is putting my name on the title along with hers the best way to ensure it goes to me? How do I do this? By going with her to the DMV? The car was originally purchased under her name and right now is all in her name.
1 Answer from Attorneys
If the car was purchased without a loan, your mom can go to the DMV and transfer title from her to her and you jointly. If not, she can't since she needs the certificate of title which the lender holds until the loan is paid off. However, the estate attorney is probably right. If he is even fundamentally competent he created a "pour over" will at the same time as the trust. What that does is take everything she owns that for whatever reason is not in the trust, and places it in the trust upon death. So if the trust is entirely for your benefit, the car would go to you that way.
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