How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12421
Experience:  JD, MBA
9373668
Type Your Estate Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

My husband was given a motorcycle by his friend, before his

Customer Question

My husband was given a motorcycle by his friend, before his friend passed away. His friend's brother is executor of the will. My husband was told by the brother that the motorcycle is not listed in the will. His friend's children are contesting the will. The brother says they specifically contested on the motorcycle among other things. He says he cannot give my husband title to the motorcycle until this is settled. Can they contest something that's not in the will?
JA: What are the assets in question? Have any documents been drafted?
Customer: I dont' know what other assests. The children have retained an attorney and the brother got notice of them contesting
JA: Estate planning laws vary by state. What state are you in?
Customer: Mass
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank you that's all for now
Submitted: 2 months ago.
Category: Estate Law
Expert:  TJ, Esq. replied 2 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If the motorcycle was given to your husband before the friend passed away, then the motorcycle belongs to your husband, and the will is irrelevant. Even if the will had the motorcycle in it and purported to give it to the children, they'd be out of luck. The will can only give property that is owned by the friend's estate. It can't give property owned by other people.

However, you mentioned that the executor hasn't given title to your husband. That leads me to believe that the motorcycle wasn't actually given to your husband prior to your friend's death. He may or may not have given the keys to your husband, but that's not the same as giving ownership.

As for contesting the will, yes the children may contest its validity, or they may contest whether or not the motorcycle is actually part of the estate to give to the children.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)