Legal Question in Wills and Trusts in California
My grandfather, who was the sole owner on the title of a luxury car, signed that car over to my sister several weeks before he died. She processed that through the DMV following his death and is now awaiting the registration in the mail (she has a temporary registration indicating ownership, however). I should also mention that my sister had Power of Attorney at the time this car was signed over to her.
My father, who presently has Power of Attorney over my grandmother, has demanded the car and threatened to report it as stolen if it's not surrendered to him. My grandmother does not drive and has not asked for the car. This is also not the first gift from my grandparents that my father has tried to have rescinded or otherwise taken back.
My question is: does my father have a legal right to the car, or is it legally my sister's property?
1 Answer from Attorneys
The answer depends on whether your grandfather was legally competent and not being unduly influenced into gifting his luxury car to your sister. Whether your father would prevail is difficult to assess without additional information.