Live Oak, FL asked in Family Law and Civil Litigation for Florida

Q: My aunt willed me a car. Shes 99. Lawyers gave me the car. She can't drive. Now she is freaking out. Wants it back

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Saying she "willed" you the car implies that she passed away. If she is alive and the car is in her name then the legal way to transfer it is for her to sign the title over to you. If she has not done that then she still owns the car. Speak with a local lawyer for more specific advice.

Terrence H Thorgaard agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You didn't ask a question, but I suppose your question is, "Do I have to give the car back?" Hard to say from the brief info in your post. First, the distributions under your aunt's Will cannot happen until she dies, so her Will is irrelevant at this point. That means the car was turned over to you for some other reason. You need to start with asking those lawyers what the reason was and to obtain whatever documents are related to the transfer (for example, the court appointment of a guardian with the power to make gifts on your aunt's behalf). Also can't tell from your inquiry if title has been transferred to you, but whether any such transfer is legally valid depends on the information and documents you need to obtain from the lawyers.

Terrence H Thorgaard agrees with this answer

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