Father died, no will, vehicle question.

[cdl162]

What is the name of your state (only U.S. law)?
Arkansas

My father passed away a little over six months ago. He didn't own much to speak of. No real estate of any kind. Just personal belongings and a truck that didn't run. He had no will. He was married at the time of his death. He owned the truck before he married her and never had her name put on the title. It was fully paid for before he met her. He had a massive stroke three months before his death, which he never recovered from and was hospitalized until he passed. During that time she obtained power of attorney and somehow managed to take a loan out against the truck through a title loan place. The value of the truck as it sits is $1,200. She borrowed $800 against it. I found out about this 4 months after dad passed away when she came to me and asked to borrow the money to repay the loan so the truck didn't get taken. I went with her to the place the loan was through and paid it off, with the agreement that I would hold the title until she paid me back. All was fine for about three weeks, then she called me and demanded I give her the title. She wanted to sell it, to fix her vehicle which was broken down. I told her no, that wasn't the agreement. She had physical possession of the truck at this point, and the title was still in dads name. I consulted with an attorney at this time and she advised me to get her to sign an affidavit of motor vehicle inheritance. After crossing words and arguing about it for a month, she finally signed it, in front of a notary. I took that, the title and a death certificate to the DMV and had the truck put in my name. I then had a towing company go get the truck from her parents property since it does not run. She had barricaded it in and law enforcement was called. I'm not sure why this happened honestly. I guess she thought since it didn't run I'd just leave it there? I now have the truck at my house, with the title in my name. Now she is threatening to sue me to get the truck back? Can she? She signed the paper to title it in my name. I paid off the loan which she never paid me back for. I'm supposed to be traveling out of the country for the holidays, and I'm already out of the state now. But I don't want to take off without knowing where this could lead. And I was planning on getting it fixed at the beginning of the year, but I hate to put that kind of money in it if she's going to be able to take it back somehow. The attorney I originally consulted with is out until after the first of the year. Do I need to get another attorney, or is she just totally bluffing? Is it even remotely possible she could get the truck back?

 

[xylene]

You should give your father's widow the truck.

.

 

[adjusterjack]

I don't think you're a jerk nor do I think you have any obligation to give her the truck. You bought it from her when you paid off her loan.

Do I need to get another attorney, or is she just totally bluffing?

Sounds like hot air to me.

People who threaten to sue often don't.

People who sue don't often threaten, at least not like that.

Is it even remotely possible she could get the truck back?

Well, anything is "remotely possible" but I seriously doubt that you have anything to be concerned about.

 

[xylene]

I don't think you're a jerk

The OP got a lawyer involved in an 800 dollar loan to his widowed step mother after THREE weeks. That's a jerk move.

 

[cdl162]

Actually I'm not being a jerk. He wanted the truck to go to my daughter, but she is only 16. My step mother was trying to sell the truck simply because she didn't want us to have it. She and my dad had separated two weeks before his stroke, but he never filed anything. Therefore in a legal sense she is his widow. And I only got a lawyer involved when she tried to sell my fathers truck. A truck that was not purchased while they were together, that she never paid a dime on. A truck that he made very clear he wanted my daughter to have. She's already remarried. So no, I'm not a jerk. .

 

[cdl162]

And thank you adjusterjack. I'm probably worried about nothing. She was trying to borrow money from our family to pay her utilities last month. I seriously doubt she could even afford to hire a lawyer. Just the though of having to go through a nasty court battle makes me sick to my stomach. I though it was over when she signed the papers and I though I could finally be done with her. Now this. And not being there is just adding to the stress. And this is the first holiday season without my dad. Perhaps my emotions are running high and I'm making far too much out of this. I hope that's it. But thank you for your polite response

 

[adjusterjack]

And thank you adjusterjack. I'm probably worried about nothing. She was trying to borrow money from our family to pay her utilities last month. I seriously doubt she could even afford to hire a lawyer. Just the though of having to go through a nasty court battle makes me sick to my stomach. I though it was over when she signed the papers and I though I could finally be done with her. Now this. And not being there is just adding to the stress. And this is the first holiday season without my dad. Perhaps my emotions are running high and I'm making far too much out of this. I hope that's it. But thank you for your polite response

Given the low value of the truck, the worse that can happen is she sues in small claims court. She won't need a lawyer for that and neither will you. You have evidence that you paid off the loan. She signed the truck over to you. The court will likely presume that she knew what she was doing when she did it.

Ignore her and try to make the best of your holiday.

 

[LdiJ]

The OP got a lawyer involved in an 800 dollar loan to his widowed step mother after THREE weeks. That's a jerk move.

No its not, not at all. He consulted an attorney because she was demanding the title back so that she could sell the vehicle.

She is clearly the jerk in my opinion. He paid off HER sole debt that she entered into using his father's truck as collateral. Agreed to let him hold the title until she paid him back. Then calls and demands the title 3 weeks later, having not paid him a penny, so that she could use the money from the sale, NOT to pay him back, but to pay for the cost of fixing HER car.

She then signed off to car to him and now wants it back again? No way.

I can sympathize with her having financial problems after being widowed, but that does not make her estranged husband's adult children responsible for her problems.

 

[adjusterjack]

I can sympathize with her having financial problems after being widowed, but that does not make her estranged husband's adult children responsible for her problems.

Especially since she's already got herself a new meal ticket.

 

[xylene]

The OP got ownership of a 1,200 dollar truck for 800. I guess the op really earned 50% interest in 3 weeks.

OP should have changed his will when he separated btw... oh that's right he didn't have one.

 

[cdl162]

Yeah, Amen to the new meal ticket. Current husband is #6. She was already on the hunt for this one while dad was in the hospital. All while playing the part of the distraught wife to anyone that would buy it. She also cancelled his life insurance policy while he was in the hospital. She wasn't the beneficiary on it... So when he passed there was no life insurance, she didn't offer to pay a dime for the funeral...she said she wasn't obligated since they were separated. She also drained both of their accounts the day after he had the stroke. Why she feels she is entitled to anything of his is beyond me. She has some of my grandparents belongings that she refuses to give to anyone in the family, even though she never met them. They were gone for years before she came along. Nothing with any monetary value, just sentimental value to the family. I don't get what makes people want to be so cruel. It's frustrating and sad. I just want to be done with it, fix the truck and give it to my daughter like my dad wanted. I offered to buy it twice before this, she refused to sell it to me. That tells me she's doing all of this just to be cruel. All of this is well documented, so I'm sure I'd have no trouble in court if it came to that. I'm just hoping her and husband #6 will move off somewhere and leave my family alone. We've all had more than enough of her.