Who has property Rights after death? 7 Answers as of July 04, 2013

My mom passed away. She owned her car before she married. Her husband is not taking any financial responsibility for her funeral expenses. Can the kids take the car. I have the original bill of sale but the husband has the title, I have a key to the car and the husband has 1 also.

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The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
Assuming your mom did not have a will, her estate should be distributed to her surviving husband and to her surviving children. So, if the car were to be sold, the funeral expenses should be paid off the top and the remainder should be split between the husband and the children.
Answer Applies to: Illinois
Replied: 7/14/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Your post does not make sense at all. If she owned the car before marriage why are you saying the husband's name is on the title. The answer to your question depends on who is on the title and you have said two potentially opposite answers.
Answer Applies to: Georgia
Replied: 7/13/2011
Majors Law Firm, P.C.
Majors Law Firm, P.C. | M. Jason Majors
With regard to the car, it largely depends on how the car is titled. If it is titled in the name of your mom and her husband, either as "joint tenants with right of survivorship (jtwros)," or as "John Smith or Jane Smith," then the car would belong to the husband. If the car is titled solely in your mom's name, then the car would pass pursuant to the terms of her Will. If she did not have a Will, then the car would pass pursuant to intestate law, which typically provides that 1/2 of the car would go to the husband and 1/2 would go to her children. As you can see, there are a lot of variables to consider, so I would recommend speaking with an estate planning attorney to determine what your rights may be in the car, or to reimbursement for expenses paid.
Answer Applies to: Wyoming
Replied: 7/13/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Unless there is a will which disposes of the property differently, generally the next of kin or the husband will own the car
Answer Applies to: Florida
Replied: 7/13/2011
Law Offices of John J. Ferry, Jr.
Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
Unless there's a will naming beneficiaries other than her husband, it's his property. If he refuses to pay for funeral expenses, you may be able to make a claim against her estate.
Answer Applies to: Pennsylvania
Replied: 7/13/2011
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