stubborn son, i need some help

[phil9699]

louisiana

my husband died 4 months and we did not have a will made. i wanted to give his truck to my youngest son. we have 7 sons all over 21. we went to the dmv and they gave me an affidavit of heirship paper that had to be signed by my 7 sons before i could give the truck over. well all but one signed the paper is there anyway to go ahead and have the titled changed over with out having this one signature. my son that does not want to sign the affidavit saids he wants his share even if sold the truck to some he would still want something do i have to give him anything. my husband was just the cosigner on the truck does that make any difference.

 

[ALawyer]

I don't know the law in Louisiana, BUT the truck belongs to the heirs of his estate. You are certainly and heir, and depending on the amount and nature of the estate perhaps also the sons, in which case each son would have a right to 1/7th of the children's share.

As the truck is probably not worth all that much, and 1/7th of the kids' share is worth that much less, you are not talking about a lot of money. You are talking about either greed or a feeling that "I've not been treated fairly all of my life"....

I'd suggest that you consider telling the kid something like this: Dad and I accumulated somethings during our lifetimes. Not millions, just somethings. I don't know who gets everything legally. And I can get lawyers to tell me but that will cost money and we don't have a lot of that.

My objective with the truck was do to what Dad would have wanted, and I think he would have given the truck to X as he needed it more, not because he loved any of the rest of you less.

If Dad had a Will, Dad would have left everything to me, as I would have left everything to him as we trusted each other's judgment. Then I would have given the truck and you'd have had no claim, assuming you do now. But he didn't. Now I can ask a lawyer and if the lawyer says you're entitled to a portion of the truck you'll get the portion. But I will prepare a Will, and intend to treat all my children fairly, giving those who get something now less later, and those who insist on getting every cent now that is their due, may wind up with nothing later. If you insist on getting your share, and you are entitled to it, you'll get it. But consider the cost it will have in terms of lawyers fees, , as going thru probate will be very expensive,. Consdier also the non-financial costs -- your relationship with me, and the rest of the family. I hope you'll sign it over so X can get it without delay or cost to all of us.