Q: Can police release Deceased family member (3 hours after death) to a non family member (ex-wife)no will not probated
Rest of personal items (hat wallet ect) has to be probated but vehicle was released to ex-wife. Probate will possibly be in near future due to no will but how can we now retain vehicle since police admittedly released by mistake? Do we have any legal recourse? Police have done nothing to help us obtain vehicle.
A:
If the vehicle was titled ONLY in the name of the deceased person, then you should file a stolen vehicle report with the police. If you know where the vehicle is located, you can request that they recover it and return it to storage, but remember the cost involved in police storage will ultimately be paid by the estate, so be careful you are IMMEDIATELY in a place to be able to remove the car from storage to minimize the costs.
You can then sue the police department and/or the ex for filing a false report and taking the vehicle inappropriately, and/or take other steps to recover the cost if appropriate and available.
Bottom line -- you need to file for probate NOW to be in a position to do what you need to do when the time comes. Hire a local attorney to being the process ASAP -- there are a lot of moving pieces here and any one can cause issues with all the others! Without a FULL examination of the facts of this case it is impossible to tell you even what should be done first other than to say 'the first step is to get to an experienced local probate attorney YESTERDAY to insure things get moving quickly!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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