Step mother sold dads car

A question about : Step mother sold dads car

Hi, my FIL just passed away at the beginning of the week. He had been married to his 2nd wife for over 20 years. My BIL bought him a car a few years ago as he needed a car to get around as he had breathing problems. The deal he made with his dad was that the car was his to use and when he could no longer drive he would return the car to his son.

He contacted his stepmother and said he would come collect the car so it could be used to transport people around for the funeral to be told that the car had already been sold. This was only 2 days after his dad died.
He hasn't spoken to her personally only her son and as he doesn't live in this country had no idea of any deal they had. He can get a copy of the receipt and a statement from the person that sold it to him to prove he paid for it.

As far as we are aware there is no insurance money to bury him and there was no will. They haven't been included in any of the arrangements. They were close to their dad but not their stepmother and don't know where they stand legally.

They don't want to cause any upset before the funeral but they would all like something to remember their dad but don't know if they have any rights to his things. We are in Scotland.

Best answers:

• If there was no will then the rules of intestacy apply.
  See here:
  https://www.scotland.gov.uk/Publicati...05115128/51285
  As regards the car if there was no written contract that the car was to be returned to the BIL after FIL no longer had use of it then I think it would be very difficult to prove that it should have been returned to BIL.
  Did the step mother know about the alleged arrangement re: the car?
  As regards having something to remember their dad then this would either be following the rules of intestacy and/or at the discretion of the step mother.
  Always a difficult time so, IMHO, it is best to try to be civil with step mother and ask for a memento if this is what is wanted. Theirs was a long marriage.
• Whose was the name on the car's documents?
• Thank you for your replies. She knew but hasn't admitted it. It's more the fact that she has sold it so quickly and without consulting him. He paid for all the repairs and MOT's over the years so we think she should have consulted him first before doing anything. They have all been trying to bite their tongue and not say anything but they are hurt that she hasn't included them in the arrangements and is posting things on social media which doesn't directly name them but we know it is aimed at them. We are going to wait until after the funeral before asking for momentos.
  My BIL and FIL both have the same name so it could have been either of them.
• That's what we thought. The cars insurance would also become invalid when he died too. As far as we can gather from reading between the lines it is her sister that now has the car. I would have thought that she would need to transfer the V5 into her name before she could sell it and that would take time. Like I said he is more annoyed about how underhanded she done it and without any consultation. She knew the situation with the car but it will now be her word against his. Just hoping they see sense and get it back to him. It's hard enough for his kids just now without being treated the way she is treating them.
• Has Stepmum actually 'sold' the car, or has she simply let her sister use it, on the presumption that Stepmum will probably inherit it and can transfer the title at that point?
  If both Father and Brother have the same name, then is there any proof that Brother owned it and not Father?
• Does your stepmom have money for the funeral? Maybe she has sold it to pay for that?