Legal Will

Oh this sucks. I hate hearing these stories but they happen all the time.

First, I wouldn't send Sister the title to your old car until this is all resolved. Second, if you haven't already done so, file a Release of Liability with the CA DMV on your old car. I'm guessing that the car may be currently uninsured and if Sister has an accident, you may be held liable as the registered owner of the car.

As for Cousin's car, I think a major point would be when did he sign the car's title over? Was it before or after he was declared incompetent? If it was before, you should be okay. Contact the cousin's lawyer to see the exact date he was legally declared incompetent and compare it to the date he signed over the title.

I agree with the other post who said let them make the arrangements to trade vehicles. They can pick up the guns at the same time. You already flew at your expense to pick up Cousin's car and drove 700 miles to deliver your old car. I think your financial obligation in this matter is over.

The only reason everyone is making a fuss over the car and guns is they have a monetary value and are easy to sell. I doubt anyone is fighting over his old recliner.

I find it amusing that his sister said had it not been for Cousin's mental illness, everything would have gone to his son and you both wouldn't be involved. Yet now she is going to give the son HALF and keep the rest??? If she truly believed what she was saying, she'd give the son the whole estate.

I'm having a little trouble following, but as I understand it, your cousin that passed away gave you the guns and car while he was living. Was he already declared mentally incompetent when he gave you these things, that can lead to a problem. If not, as I understand it, the car and guns are not part of the "estate" as they were gifts to you while he was living. Just to make it go away, I would counter offer that you will make the car available to be picked up upon the return of your car and to transfer the title to the sister's name. At the same time, make the guns available to be picked up as well. I wouldn't give any money or give any expense to return these items. You can get a lawyer and fight it, but it will cost you more. Just give them the stuff back and move on.

Attorney's can't declare someone incompetent, they can only petition the court to do so. Up to the point where the court declared him incompetent his transactions stand since they were not addressed by the court at the time he was declared incompetent.

To nullify the transactions she would have to petition the court and would probably be more expensive for her than what she wants to get and she would probably not be successful.

The choice is your what to do with the items. Simply tell her I do not see a court order declaring those transactions null because of mental incompetence. Granted that is some major bridge burning so you need to figure out how much that bridge is worth to you.

Posession is 9/10 of the law.

The car was signed over prior to death - its yours to do with as you please. The guns were given prior to death - again yours to do with as you please.
I would think they would have to prove he was incompitent at the time he gave you the gifts in order to take them back (they weren't part of the estate), but again posession is 9/10 of the law.

That is my thoughts. He wanted you to have these things so honor his wishes and don't sweat the rest of it.

If it wasn't in writing and witnessed by a third party... it never happened.

If the car is registered in your name and signed over to you, it's yours. Everything else is not. What you think is "fair" is irrelevant, albeit valid. You can't contest this because you have no grounds.

I'm sorry this is happening. People do strange things out of grief/anger/guilt and you are taking the brunt of it.

Take this as a life lesson and make sure that your own Will is clear regarding your wishes. We teased my grandparents and great grandparents, but they were really smart. There were items that they knew held great value to each of us for different reasons and those items were CLEARLY "left" to a specific person. Other items were to be divided among the family at the discretion of my great aunt.

There was no "grey area" and no hurt feelings.

If the car was given to you and the title was signed over to you before your cousin was declared mentally incompetent, then it is your car NOT part of the estate. It is something that your cousin once owned, but he did not own it upon his death or when he became incompetent. Therefore, it's yours. You don't owe anyone anything for it. I'm confused as to why you gave your car to his sister, but that's not relevant to the ownership and possession of this car.

Also, if your cousin gave you the guns while he was alive and had not been declared mentally incompetent, then they are yours. I'm assuming that you had possession of the guns at that time (alive and competent). If so, they clearly are not part of the estate; they are items that your cousin once owned and then gifted to you.

I think the difference here is a matter of when the transfer of title took place (before or after death and before or after decleared legally incompetent). Anything that happened while your cousin was alive and still legally competent was a gift, not an inheritance. You have no obligation to return those gifts, particularly not to someone who had no legal right to any inheritance and who had been specifically excluded from any gifts or ineheritance.

The will from 7 years ago-while your cousin was mentally competent-should stand.

Let them take you to court. IF they go that far they may not have any grounds. If they win then they win, if they don't then you have lost nothing.

If he did these things before those papers were drawn up then he was legally competent. There should be someone you can ask about the legality of all this though. Perhaps you can find an attorney who offers a 30 minute free consultation.