What if ex-wife passes away with her name on my dad’s truck?

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What if ex-wife passes away with her name on my dad’s truck?

My dad passed away last month; he did not have a Will. He did not have anything so my brothers, sister and I are not goning to open a succession. Problem is he had a truck in his and his ex-wive’s name and also a camper. The truck is paid off and is worth about $20,0000; there is $22000 owed on the camper which is also in both their names.

Asked on June 20, 2012 under Estate Planning, Louisiana

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  Generally speaking, property that is jointly held between husband and wife passes from one to the other automatically (called "by operation of law") when one of the parties passes away.  Here, though, there is the ex wife and not the wife.  So the divorce decree will come in to play which makes this question a complicated one.  Please seek out legal help in your area.  Good luck.


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