Vehicle not in trust, do I give back?

[sfjt]

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

My father bought a car and verbally gave it to me with the intention for me to have it for use if he was going to survive his surgery but if he didn't (which he didn't) it would be in my possession to have as a gift because he always was a very generous person (I have an email from him with him checking on me to see if I'm enjoying the vehicle he gave me). Sadly he passed a few weeks later and the day after his funeral his 2nd wife and her son demanded the return of the car.

My dad had a revocable trust but I know this car wasn't in the trust cause it was new and he was the sole owner on the registration and insurance.

Needless to say, the 2nd wife and he son filed a felony grand theft stolen vehicle report on me a few days after my dad's funeral. I hadn't even received his will and despite what I told them, they demanded the return so I had no choice but to return it.

Now the 2nd wife and son are claiming there isn't anything to go to probate because it was part of the estate. I know that's not true and they are hiding this vehicle from probate. What are my legal rights?

 

[Zigner]

You (currently) have no rights to the car.
Furthermore, the will is likely a pour-over will, which means the car will be placed in to the trust.

 

[sfjt]

The will states:

With the following listed special bequests, I give all my property as outlined and directed in my living trust. (However, I have never seen this trust and the 2nd wife and son refuses to show it to me).

I'm positive the car wasn't listed in the trust as he never updated his will and it doesn't include his new car he purchased.

Does the car still apply to being part of the estate?

 

[tecate]

I'm not as sure as Zigner. You might do some research to find out whether the gift is valid without signing over the pink slip, and whether the evidence you have is sufficient to have a leg to stand on in court. My guess is your goal is a court order confirming title in you. Let us know whether there is a rough equivalent to a statute of frauds for DMV transactions.

 

[curb1]

I think zigner is correct. It wasn't a gift to you until the title on the vehicle was changed into your name. The vehicle will be put into the trust with the "pour over will" and then disbursed with the provisions of the trust.