Legal Question in Wills and Trusts in Alabama

My uncle died in Dec. of 2007, survived by my aunt. He had an old 1951 pickup (very bad shape, not running...too old to title in Alabama)...my aunt agreed to sell it to me sometime around April or May 2008. I downloaded a bill of sale from a legal site and gave her $500 for it. Yesterday, I talk to his son (my cousin) and he tells me I need to figure out what its going to take to get that truck back to him because his mom did not have his permission to sell it. According to my other cousin (sister of the one I talked to) she's got some paperwork that shows they probated the will in August of 2008. I'm really not sure if this is the case or not...they have had ALOT of in-fighting amongst all the kids, so I'm going to try and get a copy of everything to see for myself. She did say the will leaves everything to "my loving wife" and the cousin that told me he wants the truck back is executor.

I don't even think my uncle ever registrered the truck in his name. it's been either in a field or under a shed since 1980. I've had it for 2 years now. I haven't got a tag for it, since it doesn't run, but now I'm also wondering if I need to or not.


Asked on 5/31/10, 1:27 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

The estate, if there is one, would have to sue you to recover the value of the truck. There was no estate opened when the truck was sold. The aunt is the person who will have to account for the value of the truck. After all, she got the money. You should see an attorney who can take a look at all of the facts here. Don't try to handle this yourself

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Answered on 6/08/10, 3:29 pm


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