Legal Question in Wills and Trusts in Virginia

Re: car

If your mother was mentally competent and aware at the time, she has the right to give her possessions to anyone she wants. Regardless of what is said in her will (if any), her will only covers what she owns at the last moment, at death.

So of course she can legally give one person her car.

The problem would come in terms of proving that this happened. It is similar to a verbal contract. A verbal contract is absolutely a valid contract in most situations (some exceptions). But people say that a verbal contract is worth the paper it is written on. That is to say that if you can't prove that someone said it, then it doesn't help you very much.

There are also problems with using hearsay from a person who is no longer alive to disagree with it, although perhaps this would qualify as an ACTION (giving you the car) rather than testimony.

Traditionally, a gift of personal property was considered as involving some overt action, such as handing you the title or the keys or some symbol representing the ownership of the object.

So you should consider whether you can show some kind of action like that.

Also, of course, did anyone else witness her giving it to you?

You can file a "Warrant in Detinue" in General District Court demanding that the car be turned over to you.

But when you go to court, you will have to prove that your mother gave it to you.

On the other hand, it is not clear why your sister has the car, either.

If your mother had a will, the will should be followed (UNLESS you can prove a gift before she died). If she did not have a will, the standard laws of inheritance must be followed, which would probably split your mother's belongings between you and any other heirs. (That is split the overall value, not necessarily each item. On a case by case basis it might be better in the executor's view to sell an item and split the money or the item may be of more value to one of the heirs "as is'.)

So it is not clear why your sister has the car, either.