Does a car that was given to a family member a fews days before there death belong in the assets of the estate?

I'm sorry about your father's death. Write a letter to the probate lawyer telling him/her that your father transferred the car to your son before his death. Let the lawyer tell your sister that the car was not part of your father's estate. If necessary, enclose a copy of the title papers showing the date on which the car was transferred.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

The car is not an asset of the estate and you have the opportunity to object to this. Contact the attorney for the estate and write him as well stating the facts you have stated here. As far as your sister being vindictive- if you feel that she would misappropriate the estate, then seek an attorney your self and petition for being the personal representative.

What you are describing is a completed gift from dad to grandchild. If dad signed the title, and son registered the title in his name you have a completed gift. As such, it is NOT an estate asset.

While the car may have been given, unless the title was changed it will be a probate asset. If the title was changed while your father was alive, then the car will belong to your son and not be an asset subject to probate.