Which form to use to bequeath vehicle to son?
Q: I have a revocable living trust, and all of my assets are in the trust, except for my car. When I pass away, I want my car to go to my son without the need for probate. I have found two forms that might be the correct forms: Beneficiary Designation for a Motor Vehicle (Form VTR-121) and Affidavit of Heirship for a Motor
Vehicle (Form VTR-262). Would you tell me which is the correct one?
A: Anyone who wants a car to pass to a beneficiary automatically and without the need for probate can use the first of the two forms you mentioned.
First, you would need to complete the Beneficiary Designation for a Motor Vehicle form. Since you presently have no beneficiary named, you would check the first box toward the bottom of the page indicating that you are designating a beneficiary to receive your car upon your death.
Second, you would need to complete an Application for
Texas Title and/or Registration (Form 130-U). On the first line of the form, you would check the “Title Only” box, and on the second line, you would check the box called “Other” and write in the words “Beneficiary Designation.” Then complete lines 1 through 28.
Next, you need to take both forms and your car title to your
local tax assessor-collector’s office. The fee will be $28 or $33, depending on where you live. A few days or weeks later, you will be sent a replacement car title which has your son’s name on it as the person who will receive your car when you die.
All of the forms as well as more detailed instructions are available at www.texaslawhelp.org. Once there, click on “Legal Information And Forms” and then on “Automobiles.” You will then find a link to their toolkit, which explains the entire process.
The only real problem with designating your son using these two forms is that you might own other cars before you die. Each
time you buy a car, you will need to remember to designate him as the beneficiary.
The Affidavit of Heirship form you mentioned is more of a backstop. It is available to be used after your death if you have done nothing and leave the car in your name, with no beneficiary named. If you have no spouse and no other children or deceased children who are survived by
their own children or grandchildren, then your son would be able to use this form to change the title to his name. But if you have one or more other children, then the car would not pass entirely to the one son you want to designate.
The information in this column is intended to provide a general understanding of the law, not legal
advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.