What to do if my ex-father-in-law had purchased a car for me 6 years ago for $7500?

For insurance purposes because of where he lived, we had the car titled in both of our names. Then 5 years ago, he was released from his job and then fell ill a year later. He passed away 2 years ago. A year earlier, I was awarded the car in the divorce from his daughter. We had not had his name removed and I am wanting to sell the car. My ex-wife is the executor of his estate (which is in probate) and has no problem signing the vehicle over to me. My question is if she does sign the vehicle over to me, can the state come after her as not listing it as an asset even though he purchased it as a gift for me?

Asked on January 7, 2013 under Estate Planning, Wisconsin

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Good grief, how complicated this has become.  Your ex-wife should ask her probate lawyer about this.  It sounds like she is merely completing a transaction that should have been completed years ago.  This is well within her authority as executor, but it should be done properly with the reasons documented and disclosed to the court.  I don't think the court will have any objection to this transfer.


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