How to retain a vehicle after partner/ fiance dies?

UPDATED: Oct 25, 2010

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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