If my mother was awarded a vehicle in her divorce but it remained in my father’s name and she died 3 weeks after the divorce was finalized, is it now his?

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If my mother was awarded a vehicle in her divorce but it remained in my father’s name and she died 3 weeks after the divorce was finalized, is it now his?

Her car has been in my possession since she passed but it was never taken out of my father’s name. Since it was awarded to her and the divorce was finalized before she died, does the car go to my brother and I or does my father get to take it if he wants?

Asked on January 28, 2015 under Estate Planning, Washington

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  If it was awarded to your Mother in her divorce then it is her - or now, her estate's - car.  You as the heirs to her estate can force that your father transfer the title.  If he gives you a hard time I would speak with a lawyer.  Good luck.


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