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    jeep2005's Avatar
    jeep2005 Posts: 17, Reputation: 1
    New Member
     
    #1

    Jul 23, 2013, 01:00 PM
    Deceased Prior to Death - gave me his jeep as a qift - sister wants returned
    I provided in-home health care and my personal friendship to terminally ill cancer patient. Sister hired me to care for him. We became friends. Sister & brother (Tony) never got along and visited him (3 hours away) once a month. Tony's private property solely in his name was his jeep. I used to care for Tony for appointments, store, visits to beach etc. We are both avid surfers. After one confrontation a week prior to Tony's death and the day Tony died - his sister told Tony she paid for everything and Tony owed him. Tony has always been verbal to sister, myself and 5 other friends he wants to gift me his jeep to keep tradition going of taking to beach. I never asked for anything.

    The day Tony died, 6 hours prior to death, sister stormed in and said she wants pink slip (asked previously however, Tony told her the jeep is his and she will never get it). I advised sister Tony already signed pink slip to me and registration transfer already. She was livid and stormed out, leaving her brother to die alone. I was there holding his hand while he passed.

    Sister has threated me and accusing me of making her brother die earlier than he should have. Made Tony sign pink slip. Lied to her about pink slip. I was paid to take care of Tony only. I advised sister that she DID NOT PAY ME TO BE HIS FRIEND and betray his confidence, including his private thoughts, desires etc.

    What can I do? Not to mention the emotional trauma this is causing me. Tony was alert, awake and fully coherent when he signed over his vehicle. Two witnesses.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Jul 23, 2013, 01:10 PM
    You transferred the registration, so presumably you turned in the pink slip - correct?
    The burden is on her to prove otherwise, which she isn't going to try to do. She would have to get a copy of the pink slip and hire a handwriting expert to prove Tony didn't sign it. Plus, you turned it in when he was still alive. She has no case.

    Yes, death brings out some awful things in people. Try to get it out of your mind.
    Keep in mind that she is probably trying to figure out how she's going to pay for the minimum funeral arrangements required by law, which are not cheap no matter how little she pays for.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jul 25, 2013, 09:36 AM
    If she takes you to Court your witnesses testify that he was in sound mind, knew what he was doing, there were no strings attached to the transfer of the Jeep.

    (I would also caution her that statements that you caused him to die sooner than he should have can and will get her sued.(

    The Judge will believe one of you.

    As a total side note, in NY, I just worked one of these situations. The Judge ruled that the person was afraid of dying alone, afraid of the caretaker walking away, and made a cash gift in addition to paying the home health care worker in order to guarantee that the person would continue to care for her. The cash bequest was set aside - and the Hearing was nasty.

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