Q: If cars my dad owned before marriage and have always solely been in his name considered personal prop? No will
I am only child and parents were married 30+ yrs, however, 3 classic cars & 1 classic motorcycle were all purchased and owned by my father before my mom and dad were married....he didn’t have a will. I realize my mom receives all community property and separate property should be dispersed between her and myself. Since the vehicles in question were never in my moms name and never registered or on insurance are they considered separate property? My mom went and changed all the titles into her name a month after my dad passed and claims that bc she had contributed towards storage of the vehicles w community money that they are now considered community property, therefore, giving her full ownership. Is this true?
A: It sounds like the cars your father purchased before marriage were his separate property. If a person dies without a Will and is married and has one child, the laws of intestacy say that your mother inherits 1/2 of that property and you inherit 1/2 of that property. If your mother claimed 100% ownership of that property, you have a claim against her for the 1/2 that is owed to you. If your mother claims that she is owed something for storage of the vehicles because she paid for it out of community property, she might be right, but that's a question for a family law attorney not a probate attorney. This is merely general information. You should consult with an attorney if you seek advice about your particular circumstances.
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