Legal Question in Wills and Trusts in Illinois

deceased spouse's car
Ok well my wife just recently died, she had started on the divorce papers but never finished. I was talking to her parents and had to go sign a paper that basically gave them permission to take care of all the arrangements and I didn't have to worry about it. I didn't ask right away, because I have more decency in me than that, but I was going to ask them for the car but didn't ask in time. Well, they gave it to her boyfriend and I'm wondering if there is any way I can get it back from him. Slight problem, basically, hiring a lawyer is out of the question for me, as I have next to no money anyways. The car was bought before we were married and the title was in her maiden name. Isn't it rightfully mine anyhow as I am the surviving spouse? Someone told me that her parents became the possessors of her estate on her death and that the divorce papers complicate things now, and the fact that the car has already been given away, to me it seems that there is no way to get it back. There is a lot of sentimental value to that car, basically it is priceless to me. I would do anything to get it back but the money situation comes into play. Any advice? Thanks

Asked on 4/30/08, 6:28 pm

Cyndi Perez Trostin

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0 attorneys agreed

Re: deceased spouse's car

As the surviving spouse, you have rights to your wife's estate, including the car.

Unfortunately, without taking your in-laws to court, there is no way to assert your rights since the title of the car was not in your name.

You might want to sit down with a probate lawyer to discuss this. Ask if you can have a free consultation. Many lawyers will do this.

Good luck to you.

Answered on 5/01/08, 8:27 am

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