How does a beneficiary get property that was left to them?

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How does a beneficiary get property that was left to them?

My son was listed as a beneficiary of his deceased godfather. His godfather, who died in July of this year, left him a car. Paperwork has been filed noting me, his mother, as his official guardian. The family has not turned over the car to us. Are they obligated to do so?

Asked on September 1, 2010 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your loss.  How was the car left to him?  By that I mean was he left the auto in a Will or was there a designation filed with the DMV that allows him to own the car in the godfather's death?  Something like a POD (payable on death) for a bank account.  If there was a Will and it was probated then the Executor has the obligation to make sure that the title is transferred and that the car is delivered to him.  Is he a minor?  Then the car can not be registered to him for obvious reasons. So it may have to registered to you in trust for him.  You will have to figure that out with DMV.  If the executor is not turning over the vehicle then you need to go down to the probate court and ask the clerk to help you file for a hearing before the court.  Good luck.


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