Gifting a vehicle when I die.

M

Mark2364

New Member
Jurisdiction
Arizona
In Arizona, when Sam dies, he wants to give his vehicle (no lien, value about $8k) to Bob.
1. Should the ADOT (AZ Dept of Transportation / Motor Vehicles Dept)
form 96-0561 be given to ADOT Before Sam dies, or After Sam dies?
2. Should the vehicle gift be mentioned in Sam's Will?
Thanks, people.
Mark2364
 
1000005385.png
Easy, peasy, use is explained below.
Don't overthink it, or complicate it.

Library File Link
96-0561
Purpose:For a sole owner of a vehicle to designate a beneficiary for transfer of title upon death.

File size / Pages
100KB ; 1 pg
 
Well, thanks for a reply, Judge.
Yes, I already have the form. Please answer the questions:
1. Should the form 96-0561 be given to ADOT Before Sam dies, or After Sam dies?
2. Should the vehicle gift be mentioned in Sam's Will?
 
Mark2364 said:
Well, thanks for a reply, Judge.
Yes, I already have the form. Please answer the questions:
Click to expand...

1. Should the form 96-0561 be given to ADOT Before Sam dies, or After Sam dies?

My Response: If Sam died and the form hasn't been completed properly and passed along to the DMV WHILE SAM is living, how do you propose it gets accomplished once Sam has assumed room temperature?

2. Should the vehicle gift be mentioned in Sam's Will?

My Response : Sam needs to retain the services of an attorney licensed in Arizona, if he desires the outcome you've proffered. Seeking FREE legal advice isn't going to help.
 
Mark2364 said:
1. Should the form 96-0561 be given to ADOT Before Sam dies, or After Sam dies?
Click to expand...

Read the instructions in the rectangle at the top right part of the form.

Mark2364 said:
Should the vehicle gift be mentioned in Sam's Will?
Click to expand...

Depends. Who is Sam's executor? Does Sam trust the executor to turn the title and the form over to Bob. The disadvantage to using that form is that somebody can just remove it and destroy it and claim the car for themselves.

I'm using those form for my cars. My daughter is named but she is also my executor, has a key to my house, and knows where the car titles are, so I have not specified the cars in my will.
 
Thanks very much for your much more complete reply, Jack.
I read those instructions. Of Course, the form needs to be Completed before Sam dies.
The question involves When to give it to ADOT. Before or After he dies.
Bob is the executor.
I s'pose the form can just sit with other important papers until the death occurs.
Thank you, Jack.
 
The form gets attached to the title. To that end I strongly recommend that Sam gets a paper title from the MVD if he doesn't already have one. Bob, as executor, should be told where the title and the form are located so he can retrieve them after Sam's death, which is when he then takes the form and the title to the MVD and gets the ownership transferred to himself.

Bob should arrange for the required insurance to be effective on the date of the transfer of ownership.
 
The statute that provides for transfer of a vehicle at death by designation is ARS 28-2055. It is a very simple statute and has no requirement for filing of the designation form with the DMV and it may well be that the DMV wouldn't accept the form prior to death. A number of AZ attorney web sites recommend the owner keep the form with his/her other estate planning documents, like the will, trust, and/or other property designations.

Sam doesn't have to mention the car in his will. So long as the executor/administrator of the estate finds the property transfer designation form that form will take priority over anything in the will that is contrary to the beneficiary designation. If the form cannot be located and there isn't something in the will to say Bob gets the car then Bob may be out of luck. It may be a good idea to have something in the will that acts as a back up to ensure Bob gets the car in case the form can't be found.

Sam ought to have the assistance of a lawyer to draft his will anyway, and in talking with the attorney he should ask the lawyer how best to handle the property transfer designation form.
 
Jack, and Counsel,
MUCH more useful replies than the Judge proffered.
OK, we'll keep the completed form with the Paper title.
I THANK YOU very much, people.
 
I was Rude? Oh, come on, Blue;
Judge implied that we might Complete the form AFTER Sam dies?
Duh.
And the "About us" says this forum is here "Providing free legal assistance since 1995".
I Do Very Much appreciate the help that I occasionally get here.
 
Mark2364 said:
Jack, and Counsel,
MUCH more useful replies than the Judge proffered.
OK, we'll keep the completed form with the Paper title.
I THANK YOU very much, people.
Click to expand...

One receives in kind that for which she/he/it paid.

If one paid NOTHING, how does one expect to receive SOMETHING?
 
adjusterjack said:
Easy.. Just enter this country illegally. :eek:
Click to expand...

There's nothing new with what the elderly, nearly incapacitated Prez allowed.

As far as I can recall (and that's a very lengthy time) Presidents and elected officials have avoided looking as we're invaded by hordes of ne'er do wells, lazy slobs, liars, terrorists, stealthy government sponsored actors, and beggars.

Truthfully, our nation has become one overrun with beggars, homeless mental illness messes/emotional wreck cases, bandits, deranged psycho killers, pedophiles, and sexual deviants.
 

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