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

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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

Answers:

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

Answered 9 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.


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