QUESTION
What do I do if my grandma verbally gave me her car but it’s not in the will?
Asked on Jun 05th, 2017 on Estate Planning - California
More details to this question:
My grandma just passed away. I took care of her for 3 years. She had bought a car new 2 years ago and could not drive. I drove her anyhow. She had stated to 5 family members that she wanted me to have her car when she passed. She never got around to add it to her will or put it in writing. However, there are 6 children total 5 of them agree that I should get the car and 1 who disagrees. I am not sure I can even do anything and if I can, should I do it while they are in probate?
3 ANSWERS
Oral promises and the wishes of other family members do not determine gifts in probate.
Answered on Aug 24th, 2017 at 10:29 AM
You have to see what the Will says as to who gets the car and then negotiate with them, before probate closes., as to who will get it.
Answered on Aug 24th, 2017 at 10:29 AM
You cannot challenge a will simply because you were expecting to get something and didn't. Unless you suspect fraud, or challenge the will on other grounds you may be out of luck. Perhaps you can trade something of value with the holdout sibling and get the vehicle.
Answered on Aug 24th, 2017 at 10:29 AM