Pageland, SC asked in Estate Planning for South Carolina

Q: My dad passed away it was on will that everything be left to me he had a friend said dad gave him car 2 months ago

he already transfer title my dad said he was leaving to my son

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: If your dad transferred the car during his lifetime, then it is no longer part of his probate estate and, therefore, it is not governed by his will. This is especially true if your dad gave the car away or sold it for cash during his lifetime.

In rare cases, such as a sale of a car on terms, the specific devisee is entitled to collect the unpaid proceeds. You did not mention that in your facts, so I assume that is not the case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.