Selling a Widow's Car

[Allie_Faye]

This is a question I have regarding my step Mom's situation. Please reply with a serious response if you have any suggestions. Thank you.

My step Mom's Dad recently passed away intestate after spending the last two months of his life staying at my Dad and step Mom's house. To my knowledge, my step Mom has not informed her dad's wife of his passing. His wife has been put in a rehabilitation center due to illness. While her dad was still living, my step Mom went to her dad's house and took his car back to her house. The car is in her dad's name and not his wife's. My step Mom said that she plans on getting a copy of the death certificate to transfer the title to her name so that she can sell it. Can she do that legally? Does my step Mom have a responsibility to inform her dad's wife that he has passed away? My step Mom was her dad's only child and her dad's wife has children who are living. My Dad and step Mom paid for the majority of the funeral expenses. Are they entitled to sell the car for reimbursement of the funeral expenses? Is it fraudulent or illegal for them to attempt to sell the car? I wouldn't want to see them do the wrong thing and suffer very big consequences. Thank you for your response.

 

[quincy]

This is a question I have regarding my step Mom's situation. Please reply with a serious response if you have any suggestions. Thank you.

My step Mom's Dad recently passed away intestate after spending the last two months of his life staying at my Dad and step Mom's house. To my knowledge, my step Mom has not informed her dad's wife of his passing. His wife has been put in a rehabilitation center due to illness. While her dad was still living, my step Mom went to her dad's house and took his car back to her house. The car is in her dad's name and not his wife's. My step Mom said that she plans on getting a copy of the death certificate to transfer the title to her name so that she can sell it. Can she do that legally? Does my step Mom have a responsibility to inform her dad's wife that he has passed away? My step Mom was her dad's only child and her dad's wife has children who are living. My Dad and step Mom paid for the majority of the funeral expenses. Are they entitled to sell the car for reimbursement of the funeral expenses? Is it fraudulent or illegal for them to attempt to sell the car? I wouldn't want to see them do the wrong thing and suffer very big consequences. Thank you for your response.

What state or states are involved, Allie_Faye?

 

[OHRoadwarrior]

It seems clear her intent is steal part of the dads estate and defraud his widow of her inheritance. Was there a will? As Quincy asked, what state?

 

[Allie_Faye]

What state or states are involved, Allie_Faye?

The state is Oklahoma. Thank you for replying!

 

[Allie_Faye]

It seems clear her intent is steal part of the dads estate and defraud his widow of her inheritance. Was there a will? As Quincy asked, what state?

There was no will, as far as I know.

 

[OHRoadwarrior]

The widow is entitled to 50% of his estate by intestate succession. She would be stealing his car and selling stolen property.

 

[Allie_Faye]

The widow is entitled to 50% of his estate by intestate succession. She would be stealing his car and selling stolen property.

That is exactly what I've been trying to tell her. She doesn't listen, I was wondering if there was anything you or anyone else on here could tell me to get her to understand? She is very stubborn and I'm afraid she is going to make an even bigger mess of the already messy situation she's created. She keeps saying that they (she and my Dad) need the money they would get from the vehicle, but I say that if she would take the time to make it legal, it will be saving her the large sums of money she will be paying back if she continues to handle it this way. She refused to just go to the widow and ask her for the car, or to even tell the widow that she had become a widow. I am unsure as to whether or not the woman knows her husband is dead. I do know that my step Mom talked to the woman a few days ago and she "never even asked about the car". Well that's because she doesn't know it has been taken because she is in a rehabilitation center right now being treated for a wound that has caused blood infection. That is the deceased's wife I was referring to in the last sentence.

 

[Allie_Faye]

The widow is entitled to 50% of his estate by intestate succession. She would be stealing his car and selling stolen property.

My Dad keeps saying that he wants me to buy the car because I am 19 and I don't have one, but I keep telling him that I don't want to end up being in possession of stolen property. My step Mom says "Allie, we're talking about a woman who has been cheating the system for years, hon" and I keep saying "that doesn't matter, Diane. None of that matters." because it doesn't! She doesn't understand. She also keeps saying that the woman is dying because of that wound on her ankle that I mentioned in the last reply, but does that matter either? She has kids of her own, or at least one daughter, I know that for sure. She has mentioned her to me before when my step Mom took us kids over to her dad's house to visit him and his wife. Wouldn't the car go to her daughter if she dies? If he had no will and the car goes to her, then wouldn't her kid(s) get the car? And my step Mom says that the daughter doesn't even like the mother and doesn't want anything to do with her, and if that is the case, then wouldn't it be better if my step Mom just spoke with the daughter about the car and had the title transferred?

 

[OHRoadwarrior]

As it appears there is an estate that needs to be processed, not just a car, the court appointed executor can balance the assets in a manner the car becomes part of step moms inheritance and she can give it to you with no theft involved. If mom can provide us a list of the assets in the estate and whether the gov't or other creditors have claims, perhaps we can work out a trade formula.

 

[Dave1952]

Though the step-father died intestate, he did leave an estate. Someone needs to administer the estate. By that I mean find and assess the assets, pay the bills including the funeral, deal with taxes, take care of court work, and distribute the remaining assets.
The daughter does not have title to the car. The DMV will want to see a court order approving the title transfer, as well as a death certificate. It does not sound as if your step-mom has the court order.