QUESTION
Can my ex-husband's children take a car that was in his name but, was given to me as a gift away from me?
Asked on Feb 25th, 2013 on Estate Planning - Michigan
More details to this question:
My ex husband purchased a car for me as a gift and made the payments. The car was in his name. He passed away and now his children are trying to take the car from me. Can they do that?
14 ANSWERS
Maybe. If there are documents proving the gift that will help you. If his Will mentions the gift that will help you. If no one knows about the gift and the title to the car was never placed in your name, that is against you.
Answered on Feb 26th, 2013 at 6:45 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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How was the title held, and is there a will? Whether they can depends completely on the facts of your situation, and what the state law is. I would need a lot more information before I could give a decent answer.
Answered on Feb 26th, 2013 at 6:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, since your husband did not take the final step and put it in your name, then it looks like they can. You may be able to go to court and get testimony from others to establish that it was a gift. But that will be difficult to prove. Unless you have other claims against the estate, is the care worth it?
Answered on Feb 26th, 2013 at 3:45 PM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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Since you are not a spouse anymore, your rights are extremely limited, if not "non-existent" in the situation you are describing.
Answered on Feb 26th, 2013 at 3:40 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I would be very concerned, if I were you. Because the car was titled in your ex-husband's name, it is legally considered to be HIS asset. You would need to have some solid evidence that it was given to you. Probate laws are based on the concept of title. The fact that you do not have title is a major strike against you. If the kids are not determined to see that you get the car, you should at least consult with a probate attorney to see if you have any good arguments for keeping the car.
Answered on Feb 26th, 2013 at 3:39 PM
You will need to convince a judge of the gift, which could be difficult since the title is in your ex-husbands name. If there is a probate matter started in court, you should file a claim for the car. You will need any proof you can find including divorce decrees, letters, notes, insurance policies and oral testimony from friends who can testify of your ex-husbands intentions.
Answered on Feb 26th, 2013 at 3:39 PM
2 Awards
If there is a will or trust leaving his estate to you they cannot take it. Depending on how long you were married you may have a community property interest in it regardless if there was a will or trust which would give you at least a partial interest in the vehicle.
Answered on Feb 26th, 2013 at 3:38 PM
Maybe, it depends on whether or not you can prove the gift.
Answered on Feb 26th, 2013 at 3:38 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Yes. He legally owned the car when he died and now it is part of his estate.
Answered on Feb 26th, 2013 at 3:37 PM
The gift to you was incomplete without transfer of its title so his children can take it away from you.
Answered on Feb 26th, 2013 at 3:37 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Probably. If you could prove that the car was given to you as a gift, then it is yours and they couldn't take it. The problem is that with a car, the title and registration are 99% of the proof of ownership. If the title is in your ex's name, then it's his car; overcoming the evidence provided by the title would be very, very difficult. In order for there to be a "gift," legally, there has to be a donative intent (the giver must intend that the property become the property of the donee) and there must be "delivery " and "delivery" has legal meaning. With some property, "delivery" includes more than just handing over the property, it can also include "handing over" proof of ownership. It is possible that, if we researched this, we would find that for a gift of a car to be a legally complete gift, there must be a transfer of title on the records of the DMV to the donee. In any case, how are you going to maintain insurance on the car? The insurance company probably won't insure it for someone who is not the owner.
Answered on Feb 26th, 2013 at 3:25 PM
Since the vehicle was in his name at the time of his death, the car is part of his estate. You can challenge that designation by proving to the probate court that it was a gift to you. You will need verifiable documents or communications from him stating specifically that the car is a gift to you or that he is giving it to you permanently. Your testimony alone won't be enough to satisfy the court.
Answered on Feb 26th, 2013 at 3:23 PM
3 Awards
Was the car awarded to you in the Decree of Divorce or property settlement agreement? If not, then they are probably entitled to have it and may use an affidavit or court order (depending upon the estate's value) to transfer title to them.
Answered on Feb 26th, 2013 at 3:23 PM
Litigation Attorney serving Birmingham, MI
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Lippitt O'Keefe Gornbein, PLLC
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If your husbands name is on the title to the car, then the car will go into his estate. The directions in his estate plan will then dictate who gets the automobile.
Answered on Feb 26th, 2013 at 3:22 PM