Legal Question in Wills and Trusts in Nebraska

vehicle ownership

our vehicle is registered under both my name and my husbands. he can no longer drive, even though he still has a license. my health is bad and when we pay off the car, I would like it to go to my children and not into the hands of my husband who will only have an accident due to his sleep apnea. how do I change it legally so in my will it can be left to my children.


Asked on 5/07/08, 1:47 pm

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: vehicle ownership

You can't give away what you don't own. You have a one-half, undivided interest in the car which will pass to your husband, if he survives you, provided the title is held jointly, with rights of survivorship (WROS). If your husband is willing to sign over his half of the title to you and you re-title the car in your name only, then you may leave the car to your children provided there are sufficient assets in your estate to provide at least your husband's elective share without including the car. If you don't have a strong need for a car right now, perhaps you can convince your husband to agree to sell the car now; which would avoid the problem altogether.

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Answered on 5/07/08, 2:05 pm


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