QUESTION
What legal right does my sister and brother have on a car that has been decided to go to me and why?
Asked on Jun 29th, 2015 on Estate Planning - Oregon
More details to this question:
My mother passed and she did not have a will. It has been decided that I will get the car but my brother is saying I have to to pay the remaining balance on it before I can drive. He also told my sister that if I get caught driving it, he will take her to court as the thing is I am on the insurance. My sister nor my brother are on it the car is just in my mothers name but my sister fills if i drive it and get in a accident and it exceeded the amount that insurance would cover that I would cause them to get sewed and i would mess up everything and I know each of us has a third in that car i just need to know what legal stand point do they have.
6 ANSWERS
Since there is no Will, you are correct that each of you would be an equal owner once the estate is probated [which you would probably have to do to get the department of motor vehicles in your state to agree to transfer title to the car so you can get insurance and insurance company will/should not sell you insurance unless you can show you are the owner]. So if you want to use the car exclusively you have to work out some deal with them, because if you got into an accident the two of them would have some liability [in California, up to $15,000] as owners.
Answered on Jun 30th, 2015 at 4:15 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The only way to transfer a car owned by the deceased is to have the title transferred by the probate court. Until then, the car is owned by the estate.
Answered on Jun 30th, 2015 at 4:11 AM
You do not mention your age and that may have an impact on the answer. However, given the information you have provided, one solution would be for you to buy your brother's and sister's share of the car (you would own it outright), get a loan yourself to cover the amount remaining due on the car, and purchase your own auto insurance. Another would be for each of you to retain your 1/3 ownership and for you to purchase a better insurance policy that would cover the entire value of the car as well as adequate coverage for any harm or damage you cause to another person or property if you do have an accident. As long as they own part of the car (and the accompanying liability if anything happens), they have right to say how the car is used.
Answered on Jun 29th, 2015 at 4:52 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If you are to receive the car then you and your siblings should contact the Secretary of state and have the car transferred into your name. You would then be responsible for the balance of the loan on the car and would be responsible for the insurance. No one is covered under the car insurance obtained by your mother now that she has died.
Answered on Jun 29th, 2015 at 3:34 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Get insurance.
Answered on Jun 29th, 2015 at 3:31 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If your mother did not have a will, then it has not been decided that you get the car. A will is the only way that a person who has passed away can leave a gift. If she did not make you a joint owner during her lifetime, and did not leave a will, then your brother and sister each own a third of the car (assuming there is no spouse, and no other siblings). If you're going to take the car, you have to pay the remaining balance on the loan. You may want to consult with an attorney about your rights in your mother's estate.
Answered on Jun 29th, 2015 at 3:30 PM