Submitted by ChuckW on Wed, 11/25/2009 - 09:51
My dad is very ill and not expected to last much longer. I'm trying to help my mom get his and her affairs in order and will continue to help after he passes. What should I do with the car that is registered in his name only. My mom just wants to keep it but does she need to re register the car in her name to transfer ownership? Thanks for any help.
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Editor's Response
Sorry about your father. Hopefully this answer will come as a bit of good news in a tough time. Ordinarily, when a person dies in MA, his registration plates must be returned the Registry of Motor Vehicles. However, under Massachusetts General Laws Chapter 90D, Section 15A, unless your dad stated otherwise in his will, his car is presumed to have been held jointly with your mom, the surviving spouse.
Accordingly, your mom should contact the Registry of Motor Vehicles after your dad passes and ask about Affidavit of Surviving Spouse (you can also find the form on line in many places). After your mom fills it out, she will present the Affidavit along with the original Certificate of Title and a copy of the death certificate at the Registry, and they will issue a new registration in her name. FYI, when the time comes, you can ask the funeral director to provide ten or twelve copies of the Death Certificate, because you and your mom will need them for other tasks as well. For more information or to post a question, visit our MA Estate Planning Discussion Forum. Good luck.
Registration of Automobile
I am very sorry about your dad. It is never an easy thing to deal with, but it is particularly draining around the holidays. Generally any asset that is held in your dad's individual name (without a surviving joint owner or a named beneficiary) will be a probate asset. You want to try and avoid probate assets if at all possible because that will mean that you have to go through the "probate process" after your dad passes.
With regard to a motor vehicle, your dad can add your mom to the title while he is still living (if that is an option). If not, then there is a special exception to the general rule stated above. A surviving spouse is alowed to transfer the ownership of a motor vehicle withour going through the probate process (in most circumstances). There is a DMV form that must be filled out by the surviving spouse - and the car will be re-titled into your mom's name. Your insurance agent will have the necessary form, and if not it is available on-line. Attorney Peter Bernardin