QUESTION
Can my nephew get his father’s car from me even if his father instructed the apartment manager to give his car to me when he dies?
Asked on Sep 12th, 2012 on Estate Planning - California
More details to this question:
My brother passed away two weeks ago. Before his death, he gave instructions to the apartment manager that if anything should happen to him for the apartment manager to give me his car. My brother left our nephew all the remaining of his possessions except for the car. My nephew took possession of the car and he refuses to give it to me unless I meet his demands.
16 ANSWERS
I think you are saying that your brother who died left all of his property to his son (either by Will or by as his sole heir if he did not have a Will); but, he left instructions with the apartment manager that his car should go to you. Unfortunately, his instructions to the apartment manager would need to qualify either as a Will or as a trust for them to be effective after his death. He could have given you his car during his life; but, to have a gift effective after he died he would need to make a Will or a trust. Based on the information that you provided, the son gets the car; you do not. Sorry.
Answered on Sep 22nd, 2012 at 10:38 PM
You need to consult with a probate attorney to review all of the facts and advise you how best to proceed.
Answered on Sep 18th, 2012 at 4:36 PM
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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The car and all other assets owned by your brother will pass to the heirs of your brother through the Probate court by way of the will or by intestate succession or to other owners by joint tenancy.
Answered on Sep 18th, 2012 at 4:36 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Assuming the nephew is the only direct heir of your brother, he is entitled to receive and take possession all of his father's possessions, regardless of what your brother told the apartment manager.
Answered on Sep 18th, 2012 at 4:35 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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A will is the way that people make sure their wishes are carried out after they die with regard to their property. A probate court, not an apartment manager, give a properly probated will legal authority. Your brother apparently did not have a will, so the law of intestate succession (dying without a will) applies and in most, if not all, states (certainly Texas) his wife and children would receive his property instead of you as a sibling.
Answered on Sep 18th, 2012 at 4:35 PM
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Who receives property after someone dies follows specific laws. If there was a valid will, the property follows the directions of the will. If there was no will, the property is divided by operation of law. I would need more information to determine who gets the car. It is likely not up to your nephew unless the title is in his name. You need to meet with a probate lawyer.
Answered on Sep 18th, 2012 at 4:34 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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An "instruction" is not binding unless it is contained in a properly executed will or trust, or unless there has been a pre-death transfer from your brother. He should have either put this in his will or given the car to you in his lifetime.
Answered on Sep 18th, 2012 at 4:34 PM
With very few exceptions, instructions regarding the distribution of a person's assets upon death must be in writing and properly executed to be effective. If your brother had no valid will, then his net remaining assets after all debts and expenses have been paid must be distributed according to the laws of intestacy in his state of residence. In Wisconsin, assuming your brother was unmarried at the time of his death, then his estate should be distributed to his children, in equal shares.
Answered on Sep 18th, 2012 at 4:33 PM
Thomas Edward Gates
If there is no spouse and will, all the property passes to the children.
Answered on Sep 18th, 2012 at 4:33 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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The apartment manager has no right to control ownership of the car; and your brother's verbal instructions cannot be proven especially if they conflict with what is written in his will.
Answered on Sep 18th, 2012 at 4:33 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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An oral promise to leave property is probably not legally enforceable. Your brother could have done a number of things to ensure that you would receive the vehicle, chief among them being to leave a Will to that effect. Since he did not do that, his assets all pass to his heir(s), which suggests that the nephew gets the car. If he knows that his father wanted you to have it, morally, he should give you the car. Legally, he does not need to.
Answered on Sep 18th, 2012 at 4:32 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If the bequests are in writing .. such as a will .. you can force it..otherwise.. your brothers heirs at law.. in this case his children get everything.
Answered on Sep 18th, 2012 at 4:32 PM
3 Awards
This is a complicated question. First, whose name is on the title to the car. Assuming it is your deceased brother then it may be necessary to go to probate. If the value is not high, it may not be necessary. The next question is whether your brother left a Will and the total value of the estate. Another issue is whether your nephew is an adult or minor, that may impact the result. Also, another issue is whether oral wills or trusts are valid in the state where your brother died and whether his statements to the apartment manager may satisfy those requirements. I urge you to assemble the answers to those questions to the best of your ability and meet with an attorney to discuss the matter.
Answered on Sep 18th, 2012 at 4:31 PM
2 Awards
Your claim on the automobile is invalid. Nevada Statutes 133.100 state that oral wills (nuncupative wills) are invalid. Your brother's statement to the apartment manager, without being supported by a writing which would qualify as a will, cannot be carried out because it is only an oral will.
Answered on Sep 18th, 2012 at 4:30 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Who paid the funeral bill. Title to the automobile can be transferred under the Michigan Motor Vehicle Code. Otherwise it must be probated. In these cases the car can be kept or sold to reimburse funeral expenses or to repay debts of the decedent. A devise is valid if it is a testamentary writing. See an attorney to determine your rights.
Answered on Sep 17th, 2012 at 9:28 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Unfortunately, there is very little that you can do. You appear to be claiming that your brother made an "oral will" with respect to his car. This type of will is not enforceable in California. If your brother had a will, then the car will go to whomever the will names. If your brother did not have a will, then the property passes by way of intestate succession. Assuming your brother was not married at the time of his passing, the car (and all his other property) would pass to your brother's children.
Answered on Sep 17th, 2012 at 9:25 AM