Q: Is this a criminal or probate matter?
MY father has been dead for less than 30 days and the real estate agent/property manager cleaned and gave his car back to the lien holder (Honda). I am assuming this is still part of his estate, and needs to be dealt with accordingly. Is there a cause of action against the agent?
A: Without more information, that is a tough call. Did the car have any value above the lien amount? If not, then the estate didn't really lose anything. Was someone still making the payments? If not, then the lien holder may have been able to repossess it anyway. Strictly speaking, the real estate agent should not be dealing with estate property unless he or she has been appointed by the court as the personal representative.
Ben F Meek III agrees with this answer
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.
