Legal Question in Wills and Trusts in Nebraska

vehicle in estate/probate

if car is in common law husbands name

and he passes on can I put the car in

my name and not have problems with

blood relatives coming and wanting to

take and sell car

Asked on 7/17/08, 9:10 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: vehicle in estate/probate

In Nebraska, you can't form a common law marriage; you would be just a roommate. If you formed a common law marriage in a state that does allow common law marriage, then Nebraska will recognize the marriage once it is proven valid. Aside from that issue, if the car is the only asset in the estate of the deceased, it may be possible to have it re-titled by filing an appropriate affidavit. If there are other assets in the estate, then it may be necessary to open a probate administration and who gets the car would be determined by the court. Blood relatives may always cause problems. They may or may not prevail in court. It would be in your best interest to hire an attorney to help you.

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Answered on 7/17/08, 9:29 pm

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