A truck is registered,& insured in my name. It's for my brother who is terminally ill. can his son take the car upon his death?

Asked over 2 years ago - Franklin, LA

the truck is 10 years old. I have the title which is in my name. it has been in my name since it was purchased by my brother from the dealership. I don't remember why he did it that way. now that my brother is ill, the son wants to come and take the vehicle. He said that it will become his upon my brother's death. it was paid for with cashier's check. i have been paying the insurance on it for the past nine years at least.

Attorney answers (1)

  1. Steven J. Fromm

    Contributor Level 20

    Answered . The truck is yours. It is up to you as to whether you want to gift the truck to him. Also if you make the gift you may want him to reimburse you for the insurance you paid.
    There could be some argument that he could make that you were holding the truck in a sort of constructive trust for your brother, but this would be hard to prove.

    Hope this helps.

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    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

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