If I transferred an $1100 car and my $1600 mobile home into my mother’s name 2 months before she died, can I just transfer them back since I paid for them?

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If I transferred an $1100 car and my $1600 mobile home into my mother’s name 2 months before she died, can I just transfer them back since I paid for them?

Or do they have to be applied to her estate? Mind you, that is all she would have in her estate and about $150 spread out in 3 bank accounts. Also, I still live in the home and have been maintaining the insurance on her car in my name. Her debt is over $12,000 to creditors/debts.

Asked on June 21, 2015 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you put them into your mother's name, they are hers, not yours, and you have no legal right to take them back. (Living in the home or maintaining the car insurance has no bearing on this.) Since she has passed away, they are part of her estate and will have to be distributed as part of her estate; also, since she--or more accurately now, her estate--owes far more than the estate is worth, there is a reasonable chance that the creditors, if they seek to collect from her estate, will be able to get these items.


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