Q: My husband passed away. I transferred his vehicle to my name . His mom is keeping it from me. What do I do?
My husband passed away on December 7, 2017. I was unaware of his passing since there was a restraining order in place due to his violent nature. I found out a month later on the internet. We have a minor child together. The day of his death, his mother took his vehicle with her. I was able to transfer his vehicle in my name at the DMV a month after his death but his mom is not wanting to release it to me. She is claiming that she is the next of kin and that she has the title with his name on it. I currently hold the updated title and it is registered to only me. What should I do? I do not have a vehicle and need it for our daughter and myself. Is it considered stolen at this point? The mother says her other son (brother of the deceased) is driving it and needs it as well.
A:
In theory yes it is stolen. You should start by talking with the police showing them your paperwork and the title and then see what they will do. If the policy will not do anything you need to hire a litigation attorney from your area to assist you in getting the property back via a replevin type of action. Best bet would be for the police to get involved.
Good luck,
Barry W. Kaufman agrees with this answer
1 user found this answer helpful
A: I agree with Mr. Williamson. Pay a visit to your local police department with proof that you and you alone own the vehicle. As long as you were legally married at the time, your status as his wife trumps her status as his mother.
1 user found this answer helpful
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