If my grandmother gifted a car to me before her death but I didn’t get it in writing, can the executor of her estate still sign the car over to me?

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If my grandmother gifted a car to me before her death but I didn’t get it in writing, can the executor of her estate still sign the car over to me?

Her Will dated 4 years ago says nothing is to be done with the vehicles.

Asked on December 21, 2014 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, the executor cannot do that: if the title was not put in your name, then the car was still hers; if it was still hers, it was part of her estate; and the executor may not legally give away part of her estate, but rather all it must be distributed as per the will. If the will is silent as to vehicles, the car will go to whomever gets the residue (remainder) of her estate, or will be sold and the proceeds distributed among those who inherit under the will.


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