Legal Question in Wills and Trusts in California
before my friend passed away recently, she signed her car over to me as a gift. the executor of her estate is telling me the car is part of her estate and trying to take it away. the car is only worth about 500 bucks and is a salvage title which he is unaware of. He says I need to have a signed statement from my friend stating that she gave it to me of her own free will. I thought that was true only for things of value over 5000.00.....
2 Answers from Attorneys
You don't need a signed statement, but depending on the facts and circumstances of how the gift of the car to you was made, it's possible to overturn the gift as the result of undue influence or a lack of capacity. The real question is whether or not the executor would be willing to spend estate money trying to get the vehicle back from you.
What do you mean, she signed it over. If she signed the pink slip transferring it to you, you have a writing showing the transfer before death. To avoid transfer fees, it probably stated this was a gift. If so, advise the executor of this face. If not the car is still in the decedents name, not in yours. .
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