Legal Question in Family Law in California

inheritance of automobile

My father left his truck to my cousin in his revocable trust. However, the truck was completely destroyed in the traffic accident that killed my father. If there is no truck, does my cousin inherit the value of the truck? Or no truck, no inheritance?


Asked on 7/26/07, 7:56 pm

1 Answer from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: inheritance of automobile

Well, this is an interesting issue. I believe that an argument can be made that he's not entitled to anything because it was a specific item. However, he might be able to make an argument for the equivalent value. I don't think you want to end up in court, even if you win on this issue. It will cost a lot of money. If I were you, if there is money in the estate that could afford to do this, give him the money. If there's not enough money in the estate to give him money, then of course you can't give him anything. The point is that if he decides to get an attorney or go to court and make this an issue, you could end up paying in attorney's fees the same amount as you would be giving to him.

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Answered on 7/27/07, 1:26 pm


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