Q: Grandson took my sons car title after he died. The agreement was to sell the car to payback funeral cost What can I do?
He has the title in his girlfriend's name (he's unable to obtain a driver's license) and they are in Washington State. I have the car and would just like this to be settled. I covered the cost of the funeral and my son's debts. I just don't know what my rights are or what to do next to resolve this matter.
A:
I don't have enough information to answer your specific legal question but, in general, if a car owner dies in Oregon and no probate is filed their intestate heirs can fill out an Inheritance Affidavit at the DMV and transfer their car as the intestate heirs agree. So, if your son was an Oregon resident who was unmarried at his death and your grandson was his only child your grandson could have filled out the Inheritance Affidavit and legally put the car in his girlfriend's name. If the legal owners presents the title to the car to you I doubt you have any legal right to keep the car.
If you feel that your grandson agreed to pay some or all of his father's funeral bills and other debts then you may need to look into suing him in small claims court.
If there are any other assets in your son's name alone that need to be probated you can be reimbursed through the probate for the funeral and other claims you have paid.
Gregory Abbott agrees with this answer
A: Consider reviewing everything with a local probate attorney. As a general rule, a deceased's debts have to be paid in full before anyone gets to inherit anything of value. You may also be entitled to be paid storage charges before being required to turn the car over to anyone else.
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