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Ownership and insurance

Asked over 2 years ago - Los Angeles, CA

my wifes grandfather passed away recently in Los Angeles. He never created a will but thats a whole different story. One thing he had was a old Harley davidson that was registered under my wifes mom's name and his. After the passing she asked for the bike. The widows daughters got involved and it got rather ugly. They demanded that she not only supply the pink slip (not a problem) but also proof in insurance (it hasnt been registered or insured in decades) before they will allow her to take the bike. Their arguement is since the bike pink slip had not only my wifes daughters name but also her fathers name thats the widow assumes responsibililty for the bike...seeing that it is not registered and will be removed from the premise by tow truck I dont understand their concern

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I gues my question is does the widow have any legal right to withhold the bike from my mother in law

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Attorney answers (2)

Judith Ann Routledge

Reputation Level 12

Answered over 2 years ago. Probate Attorney in Los Angeles, CA.

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From what I can tell, the bike was titled to your wife's mom & dad. She can complete the necessary documents at the DMV and get title transferred to her name if she is the only heir, and then once she has title, she will have the legal right to take the bike.

I'm assuming that her dad remarried and his new wife ("the widow") is managing his affairs but widow has no legal right to this bike if it was acquired prior to her marriage to your wife's dad. If necessary, find an attorney who would be willing to right a persuasive letter, or she could take her to small claims court once she acquires title.

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Kenneth Lewis Swenson

Reputation Level 15

Answered over 2 years ago. Probate Attorney in Yuba City, CA.

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Your question is very difficult to follow, even after reading it several times. If the title to the vehicle listed two co-owners, title to the vehicle passes to the surviving co-owner upon the death of the other co-owner. (See California Vehicle Code § 4105.5, subdiv. (a), http://www.dmv.ca.gov/pubs/vctop/d03/vc4150_5.htm.) The motorcycle belongs to the surviving co-owner listed on the title.

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