Legal Question in Wills and Trusts in Michigan

My step-dad of 21 years just passed away unexpectedly last week. He and my mom were together for 21 years, however, they were not legally married. His address is at my mom's house and he has lived there for the past 21 years. His mother is trying to get my mom to give her back a John Deere gator ATV type vehicle that she bought and gave to us over 10 years ago. There is no title and it has been in my mom's possession for almost 10 years. Does she have to give it back? Can she sell it?


Asked on 1/02/11, 12:27 pm

1 Answer from Attorneys
John Tatone John R. Tatone & Associates PLC

If the tractor was a gift to your step father it is his and must go through the probate process. If it was a gift to your mother and setp father it is your mothers. It may come down to a matter of proof. Possession of it is strong evidence of it belonging to your mother. Use of the John Deere or payment of repairs/parts by your mother (or her account) would also help if there is no documentation for the title to same. If you would like to hire me please call 888-988-LAWS (5297) or visit johntatone.com to discuss the details.

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Answered on 1/07/11, 12:55 pm


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