Are we entitled to our father's share of the car if sold by his wife, against our wishes?

Question

My father owned a car and added his new wife's name to the title. After his passing, my brother and I were named as the sole heirs in his will. We believe we are entitled to his half of the car. We offered to buy her out, but she refused and sold the car, keeping the money. We even had an estate attorney draft documents to ensure the car would return to us in the event of her passing, but she refused to sign. Are we entitled to our father's share of the car, and do we have any legal recourse?

Anthony M. Avery · Answer

Get a NC attorney to advise about the title if you have a copy.  Wife probably owned car at Husband's death.   If not, the Will bequests will control if it was probated, and the executor will need to do his job of marshalling assets. If no probate, Will means nothing.

James L. Arrasmith · Answer

Based on property and inheritance law, your situation involves complex considerations regarding jointly titled vehicles and testamentary wishes. When a vehicle is owned with joint ownership (particularly if titled with "rights of survivorship" or "JTWROS"), the surviving owner typically gains full ownership automatically upon the death of the co-owner, regardless of what a will states. This operates outside the probate process through what's known as the "operation of law" principle. 
The titling of the vehicle is crucial to determining your rights. If the car was titled jointly with rights of survivorship (which is common), your father's ownership interest would have transferred immediately to his wife upon his death, making the vehicle fully hers to sell. However, if the vehicle was titled as "tenants in common" (which is less common for vehicles), your father's 50% interest would pass according to his will, potentially giving you and your brother rights to half the vehicle's value. 
Given that she has already sold the vehicle, your potential remedies would depend on how the vehicle was titled and whether the estate has been through probate. If you believe you have a valid claim to half the vehicle's value, I recommend gathering all documentation related to the vehicle title, your father's will, and any probate proceedings. With this documentation in hand, consult with a probate attorney who can review the specific title language and advise whether you have a viable claim under your state's laws. The attorney could potentially help you pursue a claim against the estate for the value of your portion if the facts and applicable law support such action.

Q: Are we entitled to our father's share of the car if sold by his wife, against our wishes?