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


Asked on 1/21/07, 7:26 pm

1 Answer from Attorneys
Norma Chaviers Norma M. Chaviers, LLC

Re: Who's car is it?

If your relative was of sound mind when she put the vehicle in your son's name, and she did so voluntarily, then the car belongs to your son. The relatives can challenge the conveyance in court, but will need to prove undue influence on the part of your son or that the lady was not of sound mind when she made the transfer. Without a court order, the relatives can't take the car or take your son's name off the title.

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Answered on 1/22/07, 8:42 am


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