Full question:
This concerns an elderly couple living in Arkansas. The husband died and wife was declared incompetent. Their guardian's signed over the family auto to a niece before the incompetent wife passed away. The wife passed away soon after. A year passed and the sister of the now deceased wife, who lives in nursing home, filed for the car's return. No hearing has been set yet. The will did not mention the car. Does the car need to be returned to Arkansas before the hearing, or does it matter? Could there be any charges for the car upon its' return?
- Category: Guardianship
- Date:
- State: Texas
Answer:
The answer will depend in part whether the guardians had power to make gifts for the ward. Guardianships may be either over a person, their estate, or both. A guardian manages the daily financial matters of the estate and/or provides care for the person. An inventory and appraisal of the estate is required to be filed in court and a bond may be required. If a gift is properly made during a person's lifetime, it's not included in the estate at death to pass through a will.
A will may have a residuary clause, which is often found in a will to dispose of any property not specifically named.
The following is an example of a residuary clause in a will:
"I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to ..."
I suggest consulting with a local attorney who can review all of the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
