Oakwood, GA asked in Estate Planning for Georgia

Q: Dad passed, married to my stepmom 5 years. My brother took his vehicle and won’t give back. How do we get it back?

My brother has taken a car that is registered in both dad and stepmoms name. How do we get back without causing family issues?

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1 Lawyer Answer
Robert W. Hughes Jr.
Robert W. Hughes Jr.
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: This is a probate question, not estate planning. The question is very easy to answer until you throw in that last phrase. Whatever you do is going to cause family issues. If you ignore the problem, I assume the auto insurance will lapse, your brother will be arrested eventually for driving an uninsured car. If I were you, I would send the brother a letter telling him the car is uninsured. I would give him X number of days to return the car. Tell him if he does not return the car, you will report it stolon to the police. You will get your car back.

Nina Whitehurst agrees with this answer

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