QUESTION

Is a car that belonged to the deceased person's wife part of his estate?

Asked on Mar 04th, 2013 on Estate Planning - California
More details to this question:
I am an executor for an estate. The deceased had a car in his possession that belonged to his first wife, who was also deceased. This car remains in her name alone. Is this car part of his estate or can the deceased wife's family take possession?
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16 ANSWERS

Decease wife's.
Answered on Mar 08th, 2013 at 12:54 AM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Not knowing the type of possession of the car, the car goes to the heirs of the deceased wife.
Answered on Mar 07th, 2013 at 7:39 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Generally it depends upon the deceased wifes estate and its distribution. If the wife died first, the car can be transferred to the husband in the absence of other distribution wishes by the wife by action of law upon application to the secretary of state (there is a form on the secretary of states website) then its the husband.
Answered on Mar 06th, 2013 at 1:17 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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Too hard to say without knowing more facts. My initial reaction is that it would be part of the wifes estate. It is possible that the husband, if he survived her, would be the sole beneficiary of her estate, and so the vehicle should be turned over to his estate, anyway.
Answered on Mar 06th, 2013 at 1:17 PM

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Estate Planning Attorney serving Marquette, MI at The Wideman Law Center, P.C.
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No - the car belongs to the spouse if she is on the title already.
Answered on Mar 06th, 2013 at 1:16 PM

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Business Law Attorney serving Livonia, MI at Gerald A. Bagazinski
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It is a trick questions. First, was he3 married to the first wife at the time of her death. If so the car belongs to the decedent. But, you may have to open an estate for her to transfer it to him. Bring paid funeral bills and death certificates to the Secretary of State because a provision under the Michigan Motor Vehicle Code will help you transfer vehicles. When a vehicle owner dies and the estate is not probated, the surviving spouse, or, if no spouse, the next closest kin may transfer the vehicle into their name. This is done by presenting the title, the current registration or license plate number (if there is one), and a copy of the death certificate to a Secretary of State Branch Office. The surviving spouse or next closest kin will complete a Certification From the Heir to a Vehicle form If the vehicle is being transferred to the surviving spouse or an immediate family member, the license plate may remain on the vehicle. If there is no surviving spouse, and there are several closest next-of-kin (e.g., multiple brothers or sisters), all share equal inheritance. Those with no interest in the vehicle may complete acertification statement to this effect. If they wish, the next-of-kin may add a co-owner at time of titling. If the co-owner is not an immediate family relative of the deceased, or is not the spouse of the closest next-of-kin who is inheriting the vehicle, the co-owner is liable for use tax. If the estate is being probated, the Personal Representative appointed by Probate Court assigns the deceased's title. If assigned to the deceased's spouse or a family member of the deceased, that person presents the title and a copy of the personal representative's Letter of Authority document at a Secretary of State Branch Office to title the vehicle in their name. The license plate is inherited by the spouse or next closest kin and remains on the vehicle.
Answered on Mar 06th, 2013 at 2:15 AM

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Business Law Attorney serving Portland, OR
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Unless there is something very unusual involved, the car is owned by the person on the title. It is not part of your estate.
Answered on Mar 05th, 2013 at 2:48 PM

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Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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If it is in her name alone, it is not part of the deceased husbands name. It is hers.
Answered on Mar 05th, 2013 at 2:48 PM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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Assuming wife died first, did the car then become his? Probably so, even though he did not complete all the appropriate paperwork. That would mean that it is part of his estate, and does not go to her other relatives. If he had a will leaving it to somebody else, or if they died simultaneously, the answer likely would be different.
Answered on Mar 05th, 2013 at 2:48 PM

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First, you will need to have the answers to some questions about the first wifes estate. How was the car acquired, who paid for it and who are the heirs of the first wife? If your decedent inherited the car, then it is now part of his estate. You should consult a probate attorney to review all of the relevant facts and documents and advise you how to proceed.
Answered on Mar 05th, 2013 at 2:48 PM

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Probate Attorney serving Las Vegas, NV
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It needs to be probated in her estate, but her estate will pass pursuant to her Will or intestate law. Since her husband survived her, the community assets will all go her spouse who survived her but is now deceased, so to his estate and her separate property will pass either or 1/3 to the surviving spouse's estate and the balance to other family members in accordance with Nevada State law. You should address your next steps with an attorney. Best of luck in your endeavors.
Answered on Mar 05th, 2013 at 2:47 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Need more details but generally the car would have gone to the husband and therefore become part of his estate.
Answered on Mar 05th, 2013 at 2:46 PM

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Estate Planning Attorney serving Castle Rock, CO
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The car is part of the deceased Wifes estate. Depending on its value, consider the use of a Small Estate Affidavit to accomplish its transfer.
Answered on Mar 05th, 2013 at 2:46 PM

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Its in the deceased wifes estate. You have to look to see if she had a Will, and if so, who gets the estate. If she had no will, then look to state law to who her heirs are. Husband should be her heir (along with possibly her children, if any). Husbands share would then belong to his estate. Talk to a probate attorney.
Answered on Mar 05th, 2013 at 2:45 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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Not unless the car was in the decedents name.
Answered on Mar 05th, 2013 at 2:45 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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Yes if she died before him.
Answered on Mar 05th, 2013 at 2:45 PM

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