Legal Question in Wills and Trusts in Georgia

in 2001 i gave my dad a truck we signed a contract in the event of his death i would get my truck he

traded the truck off for another truck and has since passed away as of 9-13-2010 we lived in ohio

i now live in ga. i did not give him permission to trade the truck am i entitle to this truck there is no will


Asked on 9/20/10, 7:18 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

How would you get the truck if he no longer had it? The answer is no, anyway, since a contract does not take the place of a will. You also did not have a security interest in the vehicle and he did not need your permission. Further, even IF you had a valid contract (which we can't tell from your post), and IF there was a breach, and IF you acted in time, all you would have is a claim against the estate. Had you wanted the truck, there were valid ways to get it.

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Answered on 9/25/10, 7:30 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

(1) You generally can't use a contract instead of a will.

(2) No one who has not read the contract can determine what rights you have versus the estate. Get a Ohio lawyer.

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Answered on 9/25/10, 8:32 am


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