Legal Question in Wills and Trusts in Illinois

Re: Rights to vehicle after death

It depends on the title on the car and also the brother would be entitled to money on the basis of unjust enrichment if you keep the car.

Re: Rights to vehicle after death

Normally the answer would be "yes" based on community property (if you are living in CA, I do not know IL marriage laws), but as co-counsel stated, it also depends on the title of the vehicle.

In CA, the DMV provides a form for transfer of title to the surviving spouse.

As far as unjust enrichment and the brother recovering payments for the vehicle...it is possible, but if he was using the vehicle as well, it may be offset by his use. It will take a little more digging into the facts for a more difinitive answer.

If you need further assistance, please feel free to email me at the address provided by LawGuru or through our firm's site located at PasadenaEstatePlanning.com.

-Scott

Re: Rights to vehicle after death

Illinois is not a community property state. The husband has superior rights to inherit over the brother. The fact that the brother has been making the payments has nothing to do with it. The brother can make a claim against the deceased's estate for reimbursement.