Can my Will include a vehicle that I don’t yet have title to?

I have a motorhome that my youngest daughter is making the payments on and living in. Can I put it in my Will that it goes to her in the event of my death or does the bank just come and demand full payment from my estate?

Asked on June 29, 2012 under Estate Planning, Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am confused.  The title of the motor home has to be in your name or the bank would not have loaned you the money.  Is your daughter's name also on the title?  Probably not if the loan is in your name only.  But she is making payments.  Then you can indeed Will her the motor home but it is unclear what the bank will do with the loan.  With real property  - a hoouse on land - the bank can not call in the loan and the person to whom it is Willed can continue to make payments on the property.  But if this is not your residence that may be a different story.  I would speak with some one in your area who can take a look at the situation and your assets.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.