Legal Question in Wills and Trusts in Washington

titles

My husband is having health problems. He suggests he sign all our car/RV titles (no date, of course) now in case the worst happens, to make selling easier for me. Is this necessary if we have Community property agreement and my name is also on titles? Is it legal to sign ahead?


Asked on 3/25/07, 9:44 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: titles

Washington is a community property state. Thus, no matter whose name is on the title to the cars, or the RVs (or the house for that matter) the property is an undivided one-half interest held by each of you.

If something were to happen to either one of you, title to the property will vest, by operation of law, in the surviving spouse.

There are a few issues that could arise if your husband has children from a previous marriage, and if that were the case, you'd want to talk to an attorney about your estate. But if there are no children of a previous relationship, if he were to go, everything he owns becomes yours with no further legal action required on your part.

I agree with your hesitance to sign a title before transferring it, as that could create even more issues down the line.

But in the meanwhile, please reassure him not to worry about signing titles. It honestly won't make any difference.

Hope this helps. Powell

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Answered on 3/25/07, 10:12 pm


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