Blythe, CA asked in Estate Planning and Probate for California

Q: My ex husband has allowed me to use his pickup for the past year. His son says he will tell police I stole it.

The son inherited all assets in a trust. I am 72 and guardian of my great granddaughter since her mother and grandmother both died. I have told the son he can come and get the truck. He says that I must return it or he'll tell the police I stole it. I told him he could come and pick it up, but he says I have return it. The transmission went out in it 6 months ago, so I can't drive it there, and I can't afford to have it towed. Is not being able to return it stealing?

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2 Lawyer Answers
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: No, you've not stolen the vehicle. You were permitted to use it while the vehicle owner was alive. Now that the vehicle owner has died, his heirs are entitled to ownership and possession of the vehicle. There's nothing that you're doing to prevent these heirs from picking up the vehicle. You're making it available to them. It's up to them to figure out a way to pick it up. They can tell the police anything they want. You don't have anything to worry about. Just tell your story.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: I would be interested to hear the story that this boy tells the police about how you, a septuagenarian, was able to steal a truck with a broken transmission. Perhaps you lifted it into a shopping cart and ran off with it? You don't have to do anything, in fact, I would send him a written notice, certified mail, RRR, to remove the truck from your property within 30 days or you will contact a salvage yard to come and haul it away for scrap. Maybe that will get him off his high horse and get a tow truck over there to pick up his property. Some people can get older but never mature.

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