How to retain a vehicle after partner/ fiance dies?

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How to retain a vehicle after partner/ fiance dies?

I would like to keep the vehicle and have it put in my name. Right now, my name is only on insurance. He does have children, and I know they are going to try to take it.

Asked on October 25, 2010 under Estate Planning, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If our partner had a will, that will controls--his belongings, including his car--will do to whomever they are willed to. If there is no will, the belongings pass by intestate succession. Since a partner/fiance has no legal standing for purposes of intestate succession, the car will very likely go to his children and there is, unfortunately, nothing you can do about this. It comes down to the fact if you are not a co-owner of the car, you do not have any rights in or to it. The car was wholly your partners, and upon is passing, will go to his heirs. If  there's a will, that could be you; but without a will, as stated above, a fiance or partner is not someone who inherits under intestate succession. This is why a will is so important, to make sure belongings go to whomever the deceased would have wanted them to go to.


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