Legal Question in Wills and Trusts in Alabama
Who's car is it?
My 22 yr old son was living with a relative (who has now passed).
Before her death she lived in NJ most of her life, July 2006 she relocated south. While living in NJ she had 2 or 3 DWI�s where she lost her license. She was financing a 1999 Toyota Camry. But after losing her license she purchased the vehicle to prevent from loosing it.
She then had my son, (he agreed to this) put the car in his name; the insurance, registration and title. She always stated to him in the event something happens to her the car will be his. However, it was never written anywhere.
Now relatives that have taken over her estate have told us that just because the car is in my son�s name he is not the owner (which doesn�t make sense if his name is on all the paper work) and he cannot have the car. And they want him to come and get his name off the car or they will do it themselves.
Now, I am not a lawyer or police enforcer however, this just doesn�t sound right can they actually do this? If anyone knows what we can do please say so.
Thanks
4 Answers from Attorneys
Re: Who's car is it?
I think the car belongs to your son, especially if it is not referred to in her will. It was a gift to him. It will cost them more than the value of the car to take legal action and they will probably lose. How can they prove that his verbal agreement with her did not provide for his keeping the car. Obviously there was some verbal agreement for her to put the car in his name. If she told you and your son this he has two witnesses and they were not present.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Who's car is it?
What's that old saying "possession is 9/10ths of the law?" In your son's case, ownership of motor vehicles is determined by whose name is on the title, not who is actually in possession of the car. He owns it and he should notify the Sheriff's office that his car has been taken and be prepared to produce the title etc to prove ownership.
Re: Who's car is it?
I concur with the other writers. It sounds like this was a completed gift to your son, and he should contest any attempt to take the car away. My response might change if the registration was only as an accomodation to her, in view of her driving history, so he could drive her around, etc. Of course, in this latter instance, if he paid all the bills (insurance, registration, etc.) he could make a claim against the estate for reimbursement of what he spent, possibly for time spent driving her around, but be subject to a claim for his personal use. Raising these issues might make the relatives drop their claim, as their potential cost of litigating the issue probably will exceed the value of the car, and they would have an uphill battle showing a gift was not intended.
Re: Who's car is it?
Not sure if NJ or Alabama law will govern this dispute. If Alabama, the courts would most likely analyze these facts as to whether there was a valid lifetime gift of the car -- that is, was the gift "completed" during her lifetime, and then your son "loaned" the car back to her to allow her to continue to drive "his car"
OR
was this a gift of the future interest in the car? did she retain possession and control of the car and only intend your son to have possession and ownership in the future following her death?
If the later, then an Alabama court might hold that such a "testamentary" disposition is void (attempt to convey without a Will) as a failure to divest full ownership/possession during her lifetime, that is, if I understand correctly that she kept the car and continued to use it for herself during her final days.
Talk to a local attorney -- first Q to address, is what state's law will govern this, and if NJ has similar "law of gifts" as noted above in Alabama, then the answer may be the same regardless of which State will decide the issue if not resolved.
from a practical matter, your son may well wish to go and claim his car and call their bluff -- car value might not be worth them fighting over it. Good Luck, Chip
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