Legal Question in Wills and Trusts in Florida

My mother just passed away recently. Late last year my cousin "sold" her a car for $1000 according to the title. My cousin put the title in my mother's name and told her that she didn't want any money for it. My mom insisted on paying anyhow. She paid 6 payments for a total of $750. My sister went through the proper channels to have the car put into her name and now my cousin is saying she is coming to get the car, that it belongs to her. The car was in my mother's name when she died, it is now in my sisters name. There is no loan documentation and my mom had the title free and clear. We offered to pay the difference of what they "sold" it to her for which was $250 as a good faith gesture. She refused and said that she wants the car back. We have all of the checks that she wrote to my cousin and my cousin cashed them. Does she have any right to this car? She is threatening to take us to court, or come and tow the car. She even told my sister just to sign my mom's name to the title, after she died. Obviously my sister refused as that is illegal. We are not sure what to do. The harassment is out of control!


Asked on 4/30/15, 10:53 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your mom owned the car at death. You sister got it transferred to her name. The cousin has no ownership interest. was an Estate probated? was the cousin given notice so claims could be filed? Your cousin is going to have an uphill road establishing entitlement to the car. as for the contact, block her cell and email and wait and see what happens.

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Answered on 4/30/15, 11:05 am


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