QuestionMy aunt [ Verda ] who passed away many years ago had a 1957 Chevy. She parked it in 1973, and it has been there in her garage ever since, until a few weeks ago. My other aunt [ Loretta ] who lived in the same house gave it to me to start tinkering with. The question we are pondering, is if the title is still in Verda's name, can Loretta sign the title over to me so I can get it licensed. Verda's estate is all settled, there are no claims or inquiries about anything, she is survived by her 2 sisters, Loretta and my mother. What do we do ?
AnswerHi Greg,
First, let me ask you to please keep in mind that I am not an attorney, and therefore able to give you actual legal advice on this matter. What I tell you below is true in most states to the best of my knowledge.
Thanks for your question about the ’57 Chevy. I understand why you would like to hold on to this one. This is a classic, and classy car—I had two of them myself.
Generally speaking, assets are automatically distributed to children of the deceased, if any, unless there is a will specifying how, and to whom they will be bequeathed. Assets that remain a part of the estate are under control of the executor(s), who has legal responsibility for handling them in a manner that is in the best interest of the estate.
Unless your Mother, or Aunt Loretta are the executor(s), or have received this vehicle in a will, they would not have the authority to represent Aunt Verda’s estate, and therefore not legally able to take control of, or give you the car as a gift.
Based on this, I recommend you contact Aunt Verda’s estate executor to ask about taking ownership either through a gift from the estate, or for a nominal purchase price.
I hope you enjoy the car!
