Secured with SHA-256 Encryption
Compare Quotes From Top Companies and Save
My son was listed as a beneficiary of his deceased godfather. His godfather, who died in July of this year, left him a car. Paperwork has been filed noting me, his mother, as his official guardian. The family has not turned over the car to us. Are they obligated to do so?
Asked on September 1, 2010 under Estate Planning, Tennessee
Answered 14 years ago | Contributor
I am sorry for your loss. How was the car left to him? By that I mean was he left the auto in a Will or was there a designation filed with the DMV that allows him to own the car in the godfather's death? Something like a POD (payable on death) for a bank account. If there was a Will and it was probated then the Executor has the obligation to make sure that the title is transferred and that the car is delivered to him. Is he a minor? Then the car can not be registered to him for obvious reasons. So it may have to registered to you in trust for him. You will have to figure that out with DMV. If the executor is not turning over the vehicle then you need to go down to the probate court and ask the clerk to help you file for a hearing before the court. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Secured with SHA-256 Encryption