Estate Planning and Probate News

Why You Should Not Drive a Decedent’s Car Until Ownership is Transferred

When a loved one passes away, their assets—including their vehicle—become part of their estate. While it may seem harmless to use the car in the meantime, driving a decedent’s vehicle before ownership is legally transferred can create serious legal and financial risks.

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  1. Insurance Coverage Issues

    Most auto insurance policies terminate upon the policyholder’s death. This means that if you drive the vehicle and get into an accident, you could be personally liable for damages, injuries, and repairs—without any coverage from the decedent’s policy.

  2. Legal Liability

    The vehicle is technically still part of the estate and using it before proper transfer can expose you to legal complications. If an accident occurs, the estate or executor could be held responsible, delaying the probate process and creating financial headaches.

  3. Potential Probate Complications

    If the vehicle is subject to probate, it must be distributed according to the will or state intestacy laws. If you drive it before the legal transfer, you could be interfering with the estate administration, leading to disputes among heirs or legal challenges.

  4. Registration and Title Issues

    Most states require a title transfer before a new owner can legally operate a vehicle. Driving it without updating the registration could result in fines or penalties if law enforcement stops you

What Should You Do Instead?

To avoid complications, contact the estate’s executor and make sure the proper legal steps are followed before driving the vehicle. If you’re unsure about the process, Attorney Dan Blougouras, an experienced estate planning and probate attorney in Merritt Island, can help. He can guide you through the necessary legal steps to transfer ownership properly and ensure that everything is handled correctly. Call (321) 735-8885 or visit JustCallDan.com to schedule a free estate planning consultation

By handling the process the right way, you can avoid unnecessary legal and financial risks while ensuring a smooth transition of ownership.

 

© Attorney Daniel W Blougouras