Lucedale, MS asked in Divorce, Estate Planning and Probate for Mississippi

Q: My ex husband died and the title to his truck is still in my name. Do I have rights?

Ex husband died. Truck title in (his name OR my name). He did not change over the truck title. We divorced 5 yrs ago and he remarried 2 years ago. We have a 20 year old son. Is the truck mine or is my son 50% heir to the truck along with the new spouse? We did have PSA that stated he was given rights to the vehicle upon divorce.

1 Lawyer Answer
Randall R. Saxton
Randall R. Saxton
  • Estate Planning Lawyer
  • Madison, MS
  • Licensed in Mississippi

A: Although a divorce decree can reassign the ownership of a vehicle, the decree does not invalidate the title. At a bare minimum, his one half interest in the vehicle is a probate asset. You should schedule a consultation with a local probate attorney.

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