Q: Can my deceased dads girlfriend take his motorcycle to the dealership with only a death certificate?
She’s not his next of kin, his daughter is his next of kin. He still owes 5,000 on the motorcycle, we were going to pay it off but she went behind our back to take it to the dealership.
A: Unless the girlfriend is in your father's will or is actually a spouse, or, unless she held title to the motorcycle in joint tenancy with right of survivorship with your father, it isn't her motorcycle. Tell the dealership to give it back. If the note was from the dealership and the girlfriend was surrendering the collateral on an unpaid note, you need to get your letters of administration to the dealership before they sell the motorcycle. If the property belongs to the estate, they should file their claim in the probate case and give you time to collect the assets of the estate in order to pay off the note. A lawyer would help you navigate this, but if the only asset is the motorcycle, no lawyer is going to want the case. Visit with the Register of Wills in your county to open the estate.
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