Q: If someone bought a car from the deceased but the assets are still in probate can they still take the car?
My father's ex-gf I know for a fact bought the car from him.
However they didn't bother going through the process of writing a bill of sale nor did they perform a title transfer.
The car is not worth much in the state it is in so can it be considered a gift?
Will there be trouble for either of us if the ex comes to get the car towed and take it with her?
I know she put plenty of money into trying to fix the car and she had driven it plenty until it stopped working.
Should I write up a bill of sale?
What should be done?
A:
You are the personal representative I assume, and have letters of administration?
Yes, assuming the answer to the above is "yes", you can sign over the title to her in behalf of the estate. You should get a letter from perhaps a car dealer as to the value of the car. You might also write a bill of sale to document the transaction, reciting that the decedent is believed to have sold her the car, and stating the amount paid.
And no, if she paid money for it, it would not be a gift. Why would you want to incorrectly say that?
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