If my late husband passed had a car in only his name on the title, does it come to me as a martial asset or will it have to be part of his estate?

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If my late husband passed had a car in only his name on the title, does it come to me as a martial asset or will it have to be part of his estate?

Must this car pass through probate? My husband left no Will.

Asked on May 20, 2018 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It must go through probate if it is in his name only. Other than in divorce proceedings (where a court will look to whether the asset was acquired during marriage to determine equitable division of the asset), ownership of a car rests solely with those persons on the title or registration; if it is only in his name, for inheritance purposes, the car is his property only, not yours, and so must go through probate.


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