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

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • 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.

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