How Can I Force Transfer of Car Given to Me in My Mother’s Will?
Question:
My mom has a vehicle loan that’s to be paid off upon her death. She left that vehicle to me in her will. My aunt won’t let me have it. She said it’s not part of the deal because it’s not my mom’s car. The plates, loan, and insurance are in my mom’s name. How is it not my mom’s? How do I get her to give me the keys?
Response:
I feel like I don’t have the whole story here. It sounds like your mother has passed away and your aunt is the personal representative of her estate. If that is the case, then your aunt must follow the directive in the will, assuming the car is in fact in your mom’s name. Of course, you may get the loan along with the car. If your mother’s other debts exceed the value of the car, it may be necessary to sell the car to satisfy them. You can’t get away with not paying your debts by giving your property away to others, whether during life or upon death. A third possibility is that the will referred to a different vehicle, not the one your mother owned upon her death.
The alternative is that your mother is still alive and your aunt is managing her affairs under a durable power of attorney. That’s a more complicated situation because the will doesn’t come in to play until your mom’s death. It’s a clear statement of what your mother wanted, so should carry some weight. But there may be some other important considerations. For instance, it may be important for your mother to keep the car for now so that someone can drive her places as needed. Or your aunt may need to sell the car so she can use the money to pay for your mother’s living expenses or care.
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