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Legal help

S

SnafuFlux

CEG'er
Joined
Jul 7, 2002
Messages
385
Location
London Ontario, Canada
I need some help here.

My mom's bf died a week and a half ago. thanks in advance for the well wishes; its be a long 1.5 weeks. They were common law (lived together for 4 years), and there is a battle for the car that was left.

The car was bought by the bf's parents (heartless, at that) and given to my mom's bf. The bf's mother claims that she had an agreement with the son to pay the car back; my mom heard nothing of it.

Long story short; Parents bought it, gave it to son (ownership in son's name). Before son dies he signs the transfer/sale side of the ownership, stating that my mom is the buyer of the car.

Will this piece of paper hold up? even if it hasn't been taken to the MTO yet? Will my mom be able to go to the MTO to get the ownership put in her name, even though he is no longer around?

ANY HELP will be appreciated. This heartless b|tch is a pain in our backs.

thanks guys.
 
As long as it's his signature I dont see why they wouldn't accept it. Legally it's her car now. Good luck with everything and with the healing process as well too :).

Aaron
 
There shouldn't be any problems registering this car, as long as the bf signed it and your mom's name is on the slip as the buyer, that makes your mom the legal owner of the car to this day.

As for taxes, your mom will have to pay taxes on the book value of the car because there is no bill of sale.

All the best and good luck.
 
If anything, the bf's mom would have to "go after" the money owed on the car from his estate. I believe that when the "sale" was made before the bf's death, there's nothing anyone can do.

I'd email/PM lauraq for some thoughts on this.
 
I don't know much about this Keith. I would think though that if it was in his name in the first place and if he since signed it to her then that should stand. If it is not in his name then that is a hole different ball of wax. According to the MTO though the owner of a vehicle is the one on the green slip.

Once again, we were sorry to hear of this and hope things sort out for all involved.

Mark and Jenna
 
Well sorry to hear about the loss, but as for the car question I'd say that the bf's mother has no dealings in the car at all. If the car was in the bf's name and there was no promisary note or anything like that, than the mother would have a very hard time trying to get the car for herself.

As for transferring the ownership you might just want to try calling an MTO office and asking them directly. If he signed the actual papers that are used in transferring the car's ownership I couldn't see it being THAT huge a deal. Even if he just signed a white blank peice of paper saying what he intended to do, they would have to honor that as that would be considered a will. (well at least i'd hope so)
 
I would suspect that the transfer of the car would be fine but I would also think that the mother will probably try to collect on some money if she feels that she is owned something for the car, if she believes there was some kind of agreement between her and her son which is basically what Richard said.

There is nothing to stop her from coming after the estate for money that she feels is owed to her. So regardless of whether or not the transfer of the car goes through to your mother, the bf's mother may still try to come after the estate.

If she feels she has a case then she will most likely pursue it. There is nothing in our legal system to stop someone from sueing some regardless of whether or not they have a case. They can still try, however if they do and they loose they could have some pretty major costs awarded against them but they can still cause so much problems before it gets to that point.

If she does decide to come after either your mother or the bf's estate, your mother NEEDS to go to a lawyer. Taking advice from friends and family is fine and they all mean well but a lawyer will give her proper advice and instruction on what she needs to do. You don't want to find out that you missed something and end up with a Judgment against your mother or the estate.

The lawyer who is handling the estate should be able to help with this issue and give your mother some direction.

Good luck.
 
yah my dad has been consulting a lawyer over the last few days. They've been giving free advice thus far. But I think when it comes time to actually hiring someone, she'll be it.

I'll pass all this information on. thanks all.
 
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