QUESTION
Who gets ownership of my mothers car after she has passed away?
Asked on Mar 21st, 2013 on Family Law - Michigan
More details to this question:
My mother died in November 2012. My miter leased a 2006 Kia Optima in 2006 and wasn't able to get the car without my grandmother co-signing on the car loan. My mother died without a will but from August 2009 until August 2012 she gave me her car. In August 2012 my grandmother snatched the car away after my mother became incapacitated and not able to walk or talk. She refuses to give me my mothers only possession which was the car while I'm away at school. I am my mothers only child no other siblings at all. Shouldn't the car be mine since I am next of kin? If necessary, I will take my grandmother to court to resolve this issue.
3 ANSWERS
3 Awards
If you are the only child, you should stand to inherit your mother's property. However, you need to check who is on the certificate of title. If G-mom is on it, she may own it. Another problem is if there is a lien on the car-unpaid loan. The lender/bank will also own the car and may seize it if the loan is unpaid.
Answered on Mar 21st, 2013 at 6:11 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
Criminal Defense Attorney serving Williamston, MI
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Law Office of Robert G. Fleming
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You indicated the car was leased but then state your grand mother co-signed the loan. If the car was leased the lease terminated at your mother's death. If, on the other hand your mother purchased the car, it might go to the next of kin, unless it was titled in joint ownership , with right of survivorship to your mother and grandmother both, since your grandmother co signed for it. In that case it would go to your grandmother By operation of law, and not be considered part of your mother's estate.
your grand mother could also make a claim for it if she paid the funeral expenses, but she would need the court's approval
Answered on Mar 21st, 2013 at 4:16 PM
Trusts Attorney serving Mount Clemens, MI
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Stotz & Quayhackx
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You indicate the car was leased. If so, it goes back to the leasing company. If it wasn't leased, it would go to the next of kin. However, it could be claimed by the person who paid the funeral bill as that person would have priority. You should really contact a lawyer and meet with him or her to go over the facts and get a little direction.
Tom Stotz
Answered on Mar 21st, 2013 at 3:24 PM