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 outcome will depend on whether the guardians had the authority to make gifts on behalf of the ward. Guardianships can cover a person, their estate, or both. A guardian is responsible for managing financial matters and providing care. Typically, an inventory and appraisal of the estate must be filed in court, and a bond may be required. If a gift was properly made during the ward's lifetime, it won't be included in the estate at death and won't pass through the will. A will may include a residuary clause to handle any property not specifically mentioned. For example: "I will, devise, bequeath and give all the rest and remainder of my property and estate..." I recommend consulting a local attorney to review all relevant facts and documents.
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