Can I register mydeceased husband’s vehicle as my ownnow that he haspassed away, even though we were separated?

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Can I register mydeceased husband’s vehicle as my ownnow that he haspassed away, even though we were separated?

My husband moved out last 7 months so we began the separation process; we were trying to get an annulment instead of a divorce. However he took his life in 5 months ago before anything was processed or approved. I was told that I could register 1 of his vehicles as my own because we were still married, which I have. Yet now his parents are trying to say that I can’t. Is that true? The vehicle is an SUV that we had used for family purposes up until he moved out, at which point I had to buy an older used car to get to work. The death certificate has us listed as married but separated.

Asked on March 30, 2011 under Estate Planning, New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your loss.  If you and your husband had not finalized any of the proceedings - legal separation, divorce or annulment - then the general rule is that he died married to you and you inherit his estate as per his Last Will and Testament or the intestacy statutes in the state of New Hampshire.  Now, you are going to have to look at the title of the vehicles and if they are marital possessions - jointly owned - r if they will fall in to his estate alone.  If you had no children then his parents will also inherit from his estate.  I would seek some help from an attorney in your area.  Good luck to you.


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