If my dad’s girlfriend sold his semi after his death but her name was not on the title, is this legal?

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If my dad’s girlfriend sold his semi after his death but her name was not on the title, is this legal?

My dad passed away 4 months ago. He had been living with his girlfriend of nearly 10 years when this happened. He was only 48 years old so he did not have a will or life insurance. He was an OTR truck driver and owned his own semi. We (my 2 brothers and I) were going to sell his truck in order to pay off his funeral. Today, we found out that she (the girlfriend) had already sold the truck for an insulting price to pay off her bills. Was she legally able to do this? And, if not, what steps do I need to take now?

Asked on June 29, 2012 under Estate Planning, Michigan

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Please check whose name the title of the vehicle was in or if there was a transfer on death ype of form on file regarding the vehicle.  His girlfriend would have no legal right to transfer title from what you have said here. You may be able to set aside the transfer but I would check with an attorney in your area as soon as you can.  You are going to need to be appointed as the personal representative of his estate.  Good luck.


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