Legal Question in Civil Litigation in Illinois

Ownership of Vehicle

My son has a truck which is titled by the state of Illinois in his name and my husband's name. My son died in Dec 2007, his wife is trying to claim ownership even though her name is not on the title. She feels she owns at least half the vehicle since he died without a will and she would be entitled under the laws of intestate succession. Can you tell me if the Certificate of Title takes precedent over the laws of intestate succession?


Asked on 2/20/08, 6:07 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Ownership of Vehicle

It is my understanding that the title trumps the intestate laws, just as a deed that has joint tenancy with a right of survivorship or a joint bank account. However, if you are going to continue to have some relationship with her, for example, if there are grandchildren, you might want to consider the fallout from insisting that the truck is yours.

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Answered on 2/21/08, 7:52 am


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