Legal Question in Wills and Trusts in Florida

Vehicles

My father recently diagnosed with cancer is moving to florida this month with his fiance. He is taking with him his corvette which he wants me to have when he dies. Assuming he passes away in october what are my chances of getting the car. Name is not on title, but I am on the living will as the inheritor of the vehicle.

This is probably a no brainer, but i just want some clarification.


Asked on 9/18/06, 11:33 am

1 Answer from Attorneys

Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: Vehicles

The transfer of a vehicle can generally be handled without a great deal of difficulty. Assuming your father is a resident of Florida at the time of his passing however, Florida law will prevail. Also, if he decides to marry before he passes that will probably have an effect on the outcome. I am unsure what you mean when you say you are "on the living will as the inheritor of the vehicle." A living will is a medical care document and does not control distribution of assets. If you meant "living trust" then the questions will also include: 1) how is car titled?; 2) is there also a pour-over will?; 3) what does the will say happens to his personal property? It is possible for the transfer to be simple but I suggest your father should have is plan reviewed by a qualified attorney to help make sure things will work the way he intends.

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Answered on 9/18/06, 11:59 am


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