Legal Question in Wills and Trusts in Florida
My significant other passed recently. We did not have a Civili Union, will, trust or otherwise.
His family has told me "as far as they are concerned, everything in the house is mine"
Problem is, they want to sell his truck to pay for the burial and any remaining goes to the family.
We have been together since 1/20/2005.
They have acknowledge me, even in the Obit. as his Companion.
The truck was purchased as a household vehicle, we never got a second as we had our work trucks, (we ran the same company for the entire time we were together.)
I am here in Florida, they have never bothered to come down from Ct., it was always me their for him.
Everyone, including professional references, his surgeon, monthly pain-management doctor & nurses have always known us as 'brothers' as it was easier.
****I have proof that ALL except one truck payment came from MY, not joint, checking account and the same shows that I have always kept the insurance on it as well as paid all insurance premiums, I actually found a receipt from the dealership where I paid them $421 on one of my own credit cards for something to do with the truck at time of purchase.
We also have had a joint credit card account since we'd met, have been on the lease for our current house and former apartment.
I am on several of his credit cards as Authorized User.
Any chance I can keep the truck? His name is the only one on the title.
2 Answers from Attorneys
First, I am sorry for your loss.
This response is general information and is not intended to create an attorney client relationship:
Unfortunately without a will or some other contractual arrangement you probably have no legal right to the vehicle. You can try to appeal to the family, but there is generally no right to title for a non-spouse or designated beneficiary. Your proof of payment for the vehicle could be compelling to a judge, but the counter argument could be that you benefitted from the use of the vehicle also, and that your partner shared in the expense. Additionally, if the family is not willing to agree to let you have the vehicle you will have to contest it through the probate court and get a ruling from the judge. The other alternative would be for you to purchase the vehicle from the estate, which seems like paying for it twice.
You should consult with whoever is designated as the Personal Representative of the Estate and see what you can work out. Based on what you have written it sounds like a probate should be opened if not already, and you should consult with a probate attorney to fully advise you of your rights and responsibilities based on your specific facts. No two situations are the same.
Good luck.
An attorney is needed. You
Don't have a legal
Right to the truck but you may
Have some equitable claims. Since it was in his name alone a probate is
Needed to clear title. You
Can assert your claims in probate.
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