Legal Question in Wills and Trusts in Michigan
My husband's sister died without a will or power of attorney. She has an old car that we want to donate, but don't yet have a death certificate due to the fact it was medical examiner's case. Can we take the car from ohio to Michigan while we wait for that document?
1 Answer from Attorneys
The short answer is no. Unless your husband's name is on the title or he opens an estate, he does not have the legal authority to take possession of his sister's assets. Take the obituary and the funeral bill receipt to the local probate court and attempt to open a small estate. It is also unclear if she is an ohio resident. If so, the estate may have to be opened in Ohio depending upon the circumstances. If the Probate Court approves the small estate application, then your husband will have the ability to move and/or transfer the title to the car.
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