Columbus, OH asked in Estate Planning and Elder Law for Ohio

Q: If a married Sr Citizen passes & they have a vehicle only titled in their name.Can it be retitled in someone else's name

Other then the living spouse? The living spouse is 82 and may need state assistance in the future. We don't want her to get refused assistance by not selling the van for money. Her son would like the van transferred to him. She's disabled and he's living with her to help now. So can the title transfer to him and if so, how when owners deceased? Thanks a bunch for your response.

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1 Lawyer Answer
Andrew Popp
Andrew Popp
  • Estate Planning Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: Unless there was a TOD on file for the vehicle, then it will require probate in order to transfer the title to the van. The vehicle will be transferred to whomever is named in the Will, or whom is required under Ohio's rule of descent and distribution if there is no Will. See Section 2105.06 of the Ohio Revised Code. (Link below). If you are trying to preserve her eligibility for any needs based programs, then additional factors need to be considered on what you do after it is in her name. You need to sit down with an attorney to look at your situation and advise you of the best way to proceed.

Best of luck.

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