How Can I Force Transfer of Car Given to Me in My Mother’s Will?
Question:
My mom has a vehicle loan that was 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. You say that the loan was supposed to have been paid off, but it’s not clear whether this was stated in your mother’s will or, even if it was, whether your mother’s estate has sufficient funds to make the payment. Further, 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.
As always, the devil is in the details, the details of what your mother’s will says. The details of the car ownership. And the details of the size of the loan, the value of your mother’s other assets, and the extent of her debts.
Ultimately, if your mother did have a will giving her car to you and your aunt does not follow it’s directive, you can go to court to seek its enforcement.
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How Much Information Must Personal Representatives Give to Estate Heirs?
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