Sherwood, AR asked in Probate for Michigan

Q: my father signed over his title to his vehicle to me before he died in michigan but he kept it in his posession

but now he has passed . i have the title and the keys . can i go to his wife and demand she give me the vehicle ?

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1 Lawyer Answer

A: I'm sorry to hear of your loss.

"Demand" is perhaps the wrong word to use to set the tone of what you want to accomplish, however. "Ask" is a better way to go.

Yes, if your dad provided you with the signed transfer of title and keys to the car, it SOUNDS like he may have completed the gift before he died, and you would have some legal basis to claim it. The fact he 'retained possession' of it however implies he didn't actually complete the gift. This makes things a bit unclear.

That said, approaching this nicely will probably lead to a good experience and it should resolve things favorably. DEMANDING things is rarely the best way to win friends and influence people though. Consider how you approach this carefully so you don't end up snatching defeat from the jaws of victory, so to speak.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Brent T. Geers agrees with this answer

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