Q: I accept a capricious active trust, and all of my assets are in the trust, except for my car. Back I canyon abroad I appetite my car to go to my son afterwards the charge for probate. I accept begin two forms that ability be the actual forms: Almsman Designation for a Motor Vehicle (Form VTR-121) and Affidavit of Heirship for a Motor Vehicle (Form VTR-262). Would you acquaint me which is the actual one?
A: Anyone who wants a car to canyon to a almsman automatically and afterwards the charge for probate can use the aboriginal of the two forms you mentioned.
First, you would charge to complete the Almsman Designation for a Motor Vehicle form. Since you anon accept no almsman named, you would analysis the aboriginal box against the basal of the folio advertence that you are anecdotic a almsman to accept your car aloft your death.
Second, you would charge to complete an Application for Texas Appellation and/or Registration (Form 130-U). On the aboriginal band of the form, you would analysis the “Title Only” box, and on the additional line, you would analysis the box alleged “Other” and address in the words “Beneficiary Designation.” Again complete curve 1 through 28.
Next, you charge to booty both forms and your car appellation to your bounded tax assessor-collector’s office. The fee will be $28 or $33, depending on area you live. A few canicule or weeks later, you will be beatific a backup car appellation which has your son’s name on it as the being who will accept your car back you die.
All of the forms as able-bodied as added abundant instructions are accessible at www.texaslawhelp.org. Once there, bang on “Legal Admonition And Forms” and again on “Automobiles.” You will again acquisition a articulation to their toolkit which explains the absolute process.
The alone absolute botheration with anecdotic your son application these two forms is that you ability own added cars afore you die. Each time you buy a car, you will charge to bethink to baptize him as the beneficiary.
The Affidavit of Heirship anatomy you mentioned is added of a backstop. It is accessible to be acclimated afterwards your afterlife if you accept done annihilation and leave the car in your name, with no almsman named. If you accept no apron and no added accouchement or asleep accouchement who are survived by their own accouchement or grandchildren, again your son would be able to use this anatomy to change appellation to his name. But if you accept one or added added children, again the car would not canyon absolutely to the one son you appetite to designate.
The admonition in this cavalcade is advised to accommodate a accepted compassionate of the law, not acknowledged advice. Readers with acknowledged problems, including those whose questions are addressed here, should argue attorneys for admonition on their accurate circumstances. Ronald Lipman of the Houston law close Lipman & Associates is board-certified in acreage planning and probate law by the Texas Board of Acknowledged Specialization. Email questions to [email protected]
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