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gift given to family rescinded, and given to someone else

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gerbadagin

Junior Member
What is the name of your state (only U.S. law)? washington
My father died 3 weeks ago. About 10 to 15 years ago he bought an expensive motorhome for he and my mother to use. She got sick, and they couldn't use it. He told me after he realized they couldn't use it that, "I am giving this motorhome to the whole family. You have to take turns using it, and you are responsible for gas, insurance, and upkeep if you use it." After he died I thought the motorhome was part of his estate since he had given it to the whole family, and would be sold, and the proceeds split evenly. It turns out that after he had given it to the family he changed his mind without telling any of his children including me that he gave it to one of his son in laws instead, and had the son in laws name put on the title. So it apparently is not part of the estate. Do his children have recourse with this family gift that had been rescinded without warning, and regifted to a son inlaw instead?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? washington
My father died 3 weeks ago. About 10 to 15 years ago he bought an expensive motorhome for he and my mother to use. She got sick, and they couldn't use it. He told me after he realized they couldn't use it that, "I am giving this motorhome to the whole family. You have to take turns using it, and you are responsible for gas, insurance, and upkeep if you use it." After he died I thought the motorhome was part of his estate since he had given it to the whole family, and would be sold, and the proceeds split evenly. It turns out that after he had given it to the family he changed his mind without telling any of his children including me that he gave it to one of his son in laws instead, and had the son in laws name put on the title. So it apparently is not part of the estate. Do his children have recourse with this family gift that had been rescinded without warning, and regifted to a son inlaw instead?
No .
 

justalayman

Senior Member
to flesh that out a bit:


while personal property without a registered title can be gifted and such a gift can be enforced, items such as land and motor vehicles where there is a registered ownership, the proof of intent is stated by the actions taken regarding said title. That means, if he did not transfer the title to somebody, he retained ownership and could do anything he wished with his property.
 

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