QUESTION
My grandmother gave me a van two years ago she passed away now my father wants to take the van can he do that?
Asked on Jun 25th, 2013 on Estate Planning - Delaware
More details to this question:
Van was not signed over to me but she said she was going to will it to me.
13 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Well, if she never signed it over to you then there will have to be some sort of probate proceeding. If she had other assets that she had not "signed over" to people then an estate needs to be opened in the Probate Division of the Circuit Court for the county where she was living at the time of her death. If she left a will, that needs to be filed with that same court. If there was no will the estate will be "intestate." The estate has to be opened within one year from the date of her death. If the vehicle is the only asset you might be able to file a small estate affidavit but you would be liable for some of her debts, etc. at least up to the value of the van.
Answered on Jul 07th, 2013 at 8:44 PM
If you do not have clear title to the van it must become part of the probate estate. Probate of a will requires that all assets are gathered, accounted for and valued then any debts of the estate are paid from the available assets. After the debts are satisfied and the court approves the distribution the remaining assets are distributed according to the terms of the will. The information you supplied does not indicate whether the was a will and who was appointed to be executor or representative of the estate. If you believe the probate is not being handled properly, please seek advice from an attorney.
Answered on Jun 26th, 2013 at 10:38 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Was the van "Willed" to you? If it was not, then your father has a good chance at recovering it.
Answered on Jun 25th, 2013 at 9:31 PM
3 Awards
Many more facts are needed, like if your father handling the estate? Is there a court case open?
Answered on Jun 25th, 2013 at 9:31 PM
If the "gift" was made without documentation... the gift could be interpreted as a "loan". what she said she was going to do... will it to you... she did not do... you do not have rights in the van... sorry
Answered on Jun 25th, 2013 at 5:20 PM
Normally, change of title is necessary to complete the gift. You should consult a probate attorney to review the transaction and the estate documents and advise you.
Answered on Jun 25th, 2013 at 4:39 PM
Since it was not a gift but rather a future inheritance that was never given to you in the Will, the van is not yours. It goes into her estate.
Answered on Jun 25th, 2013 at 4:38 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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How is the van titled? If it is in your grandmother's name only, it will have to be processed through probate court. If there was a transfer on death designation, it will go to the other person or persons named on the title.
Answered on Jun 25th, 2013 at 1:52 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Did she will it to you? If not, what she said really doesn't count for much.
Answered on Jun 25th, 2013 at 1:52 PM
Thomas Edward Gates
Oral transfers are not binding.
Answered on Jun 25th, 2013 at 1:51 PM
Sanford M. Martin
If she did leave a written will consistent with state law giving you the van, you have a right to it. Otherwise, you have no legal rights to the van, unless there are unmentioned facts.
Answered on Jun 25th, 2013 at 1:23 PM
If she did not give it to you at the time, but only said that she would leave it to you and never changed her Will, you probably lose. You might have an argument that she held it in trust for you; but, it will require proof of a trust.
Answered on Jun 25th, 2013 at 1:22 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If not willed to you or signed over to you it is part of her estate and will pass pursuant to her Will or the intestate statute.
Answered on Jun 25th, 2013 at 1:13 PM