Legal Question in Family Law in New Jersey
Death of Spouce and Estate
My dad died. My mothers car is in his name. Does this mean her car is now part of his estate?
2 Answers from Attorneys
Re: Death of Spouce and Estate
All it means is that the estate must be probated and an administrator or executor must be appointed by the surrage of Bergen County in accordance with probate law or your father's will.
I would expect that you mother is your father's executor. Under the law of intestacy you mother
is entitled to a substantial portion of your father's estate. In any event the executor or administrator of the estate must transfer the title to the car to your mother under the authority of letters of administration or letters
testamentary issued by the county surrogate.
If there is a house titled to your mother and father, as a married couple you mother only has to deed the house to herself; it is already hers.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Death of Spouce and Estate
To answer your question, probably yes, if he owned it and she drove it, then it belongs to him, and to his Estate. That is not the end of the story. You really need a lawyer who does this kind of law to assist. There is a lot more involved.
I do not do this. I have several attorney friends who do handle Wills, Trusts and Estates.
Call me if you want their names.