Q: How can one gain legal possession of the vehicle of a deceased sibling without a will or trust?
This is an anomalous situation which has been a burden in the wake of an already tragic situation. Last year on July 9th, my wife's sister passed away at the age of 19. She was my wife's roommate at the time. After her death, my now wife and I moved into an apartment in the same complex a few buildings away from her previous residence and parked her sister's car in front of our new building. There it has sat, unused and depreciating, for over a year. My wife claims that she has had multiple confrontations with the probate court which have proved fruitless. My wife and her sister were raised by their single mother and never knew their father. It is speculated that he moved back to Mexico soon after starting the family. The court claims that they cannot grant ownership of the vehicle to the mother alone as she wrote the father's name on the death certificate and that the father must appear to sign the vehicle over to the mother. Any legal advice would be appreciated.
A: As your wife has discovered, dealing with the probate court requires knowing the probate process. She should retain a local probate attorney to review the situation, and advise her of her options to file.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
