Legal Question in Civil Litigation in Virginia
I had asked about information on the rights of my daughter, who was given a gift of a truck, by a neighbor, (Truck was in her husbands name at time of his death) and who was a friend of my daughters. As advised by the lawyer here, my daughter called the lady again this morning and asked for the title (which is still in her dead husbands name) and once again, she refused to send it to my daughter, stating that she had to go back to court Tuesday and may have to give the title to her grand daughter, or to her dead husbands daughter. My daughter has had the truck for over a year, and consistantly asked this woman for the title throughout the year, but only got excuses. Does she still have the right to refuse to give the truck back and still demand the title to it? My daughter is very stressed about this, for when the truck was given to her, she gave away her old van, that was almost broken down.
1 Answer from Attorneys
Yes, of course, your daughter as the donee still has the right to refuse to return to the donor what was given to her as a gift and to continue to
demand the title to this vehicle.
She may also wish to contact the DMV to determine what document(s) would be needed to have a new title issued for the vehicle under the circumstances described.
However, if a non-court alternative does not present itself to settle
this dispute, then the matter may well require litigation to resolve
it, the cost of which might exceed the value of the truck.
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