Q: I am Trustee/exec for NV deceased. LV condo is titled to Trust, Am I allowed to use Estate w/o probate for DMV?
- The vehicle was titled only in the decedents name, not in the Trust.
- His surviving spouse wants to sell the car (the spouse does not live in the US).
- The car was purchased during marriage so is Community Property.
- I have a process detailed from DMV that will allow transfer of ownership to the spouse so long as I can use Affidavit for Transfer of Title For Estate Without Probate (DMV form VP-24).
- There are no other assets besides the car and the condo in NV (there are assets in another state).
- The deceased was a resident of NV, had a home in California where he died, and CA address is listed on the Death Cert., so NV DMV is not able to treat him as a NV resident for the purpose of ownership change.
- DMV VP-24 form states it may be used as long as "...property does not include any real property...". Since the condo is in the Trust, is it excluded?
A:
Any assets that are owned by the trust are not owned by the decedent himself and are not part of his probate estate. Only property in which he had some ownership interest when he died. And if the Trust owns the condo, the trustee must do with the condo as the Trust document provides. Thus according to your statement of facts, the car is the only thing he owned in Nevada when he died and is the only thing included in his NV probate estate (even if no probate proceedings are begun). So it appears you should be able to use an appropriate small estate affidavit to transfer title to the car. Consult a Nevada probate lawyer for a direct answer and specific legal advice. Many offer free initial consultations. Justia.com can help you find some. Good luck.
PS: My comments here are for general information only and are not legal advice about your specific situation. They also do not establish an attorney-client relationship between us. Consult a lawyer in your state for legal advice about your specific situation.
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