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?
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 be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.
Estate Planning Attorney
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.
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 specific cases and readers are responsible for obtaining such advice from their own legal counsel. This web site is intended for educational purposes only. Michael R. Weinstein, is licensed to practice only before the courts of the State of California, and is admitted to practice before the United States District Court for the Central District and the United States Cou rt of Appeal for the Ninth Circuit. No information contained herein is to be considered applicable to legal matters in domestic or foreign jurisdictions outside of the State of California.
Divorce / Separation Lawyer
Maybe, maybe not. Consult an estate attorney.
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