What are my rights to vehicles titled in my deceased mother's name?

Full question:

If I have 2 vehicles that were given to my ex step father in the divorce in 2001 from my mama and he never had them titled to himself or anyone else, he died in January of 2009 and willed the two vehicles to his son, but the titles are still in my Mama's name and she has since passed on June 21, 2011 and I am her only child and beneficiary and executor of all her personal property. The vehicles are still on my mama's property what are my rights to the vehicles? They have had 2 and 1/2 years to come get the vehicles and have just now sent people onto the property without permission to remove one of the vehicles and a police report was done, the person who removed the vehicle was given 48 hours to return the vehicle and no charges would be pressed against him for trespassing. Are the vehicles considered abandoned and can I legally dispose of them once/if titles are put in my name? Or are the vehicles considered their legal property without a legal title to said vehicles?

• Category: Abandoned Property
• Date: 04/07/2025
• State: Mississippi

Answer:

The sons may claim they have equitable title to the vehicles, meaning they believe they should own them despite not having legal titles. Equitable title allows a person to assert ownership rights based on fairness, even without formal documentation. For instance, if a divorce decree awarded them ownership, they might argue they have a right to the vehicles.

If the vehicles have not been picked up, you can send a notice stating that they will be considered abandoned after a certain period. This notice should be kept for your records. It’s advisable to check local laws regarding abandoned vehicles, as they can vary by area.

When someone temporarily holds property for another, a legal concept called bailment is created. There are different types of bailments, including gratuitous bailment, where no payment is involved, and the bailee has a lower standard of care. If the bailee fails to protect the property properly, they may be liable for damages.

To establish a bailment, the bailee must have physical control and the intent to possess the property. If a court finds that the defendant did not have proper control or intent, they may not be held liable.

If you obtain the titles, you may be able to dispose of the vehicles, but it’s important to follow the correct legal procedures to avoid potential disputes.