A friend gave me a hand written will dated and signed stating his car was to go to me when he leaves this world.

Asked 9 months ago - Redding, CA

A Will handwritten dated and signed by my friend to me, I have taken care and stored this car for over 25 years he paid me for storage for about 3 months in the late 1980's and nothing after that but I stored it for him all these years until he passed a week ago. I went to DMV and they transfered it to me using this handwritten will. So do I have to worry about anyone else taking it from me. It is a 1967 Shelby American GT-500 Cobra. His daughter wants it and said he gave it to her 2005 upon his death. His will to me was written July 2010, he hasn't seen his daughter in 4-5 years. I had to have a CHP come out and verify the car because it was so old there were no records of it at DMV. I could of filed a lien on it also for the passed 25 years of storage.
AM I RIGHT?

Attorney answers (4)

  1. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . This is what is called a holographic will and is valid in CA and most states in the US. Visit with a probate attorney.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
  2. Christine James

    Pro

    Contributor Level 19

    5

    Lawyers agree

    1

    Answered . You have to make a claim through probate and based upon the will. That is your best recourse. If you have possession of the vehicle via the storage, you can keep it until the outcome is determined.

  3. Michael Robert Weinstein

    Pro

    Contributor Level 14

    5

    Lawyers agree

    1

    Answered . A holographic will (handwritten,dated and signed by your friend) is valid in California. However, if the daughter comes forward with a later will voiding your will you may be out of luck. You would then have to make a claim against your friend's estate or his heirs for the car or its fair market value.if they reject your claim you would have to file a complaint in the court.

    Nothing contained in the information on this web site is to be considered as the rendering of legal advice for... more
  4. Lee Alan Thompson

    Contributor Level 20

    3

    Lawyers agree

    Answered . Maybe, maybe not. Consult an estate attorney.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful"... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,155 answers this week

2,824 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,155 answers this week

2,824 attorneys answering