Q: What will happen if someone fights against a will but not legally
If the someone where driving the dead person care even before they died with their permission must they give the car back immediately because the car must be sold
A:
When someone contests a will outside of legal channels, it can lead to family disputes and potential legal complications. If you're involved in such a situation, it's important to understand the potential consequences and the importance of addressing will disputes through the proper legal process.
Regarding the use of the deceased person's car, if the will or estate plan specifies that the car must be sold, then the executor or administrator of the estate is responsible for ensuring this happens. If you were using the car with the deceased person's permission while they were alive, this permission does not automatically extend beyond their death.
The executor has the authority to request the return of the car so that it can be sold as per the estate's requirements. Even if you were close to the deceased or had an arrangement about the car, the stipulations of the will and the estate plan take precedence after their death.
If you believe you have a rightful claim to the car, or if you disagree with the way the will is being executed, the appropriate course of action is to seek legal advice. An attorney can help you understand your rights and options, and if necessary, represent your interests in probate court.
Remember, handling such matters outside the legal system can complicate the situation and potentially lead to legal repercussions for those involved. It's always advisable to address estate and will disputes through legal channels.
A: If a will is not filed for probate, it means nothing. If no will then the decedent's next of kin own the car. Call your motor vehicle department to see how the kin can have a title issued to them. The next of kin can also call LEOs about the car theft, but their standing is not really established yet. If the will is probated, then it is the executor's duty marshal up the assets. Executor can initiate theft charges.
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