What is the law regarding gifts?

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What is the law regarding gifts?

My father-in-law paid off my husband’s truck before we were married. He told him it was a wedding gift. However, now that my husband passed away, my father-in-law wants to sell the truck. I want to keep it. Who has the right here?

Asked on September 13, 2015 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Assuming that the truck was in your husband's name, then whoever inherited the truck will be considered the owner of the vehicle with the right to determine what should happen to it.  Just because your father-in-law helped pay it off, doesn't automatically give him inheritance rights.
If your husband died without  will, then it would pass to you, assuming there were no other children who would inherit as heirs.  Even if there are children, they would only inherit a portion of your husband's estate which may or may not amount to the truck.
If you're not sure about the title and the effect of other children in the picture, then arrange for a consultation with a probate attorney.


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