QUESTION
How would I collect my father’s vehicle from his girlfriend if he doesn’t have a Will?
Asked on Nov 26th, 2013 on Estate Planning - Nebraska
More details to this question:
Yes, my father passed and I don't recall him having a will but his live in girlfriend has all of his vehicles that are not registered in her name. How would I go about collecting them is it possible?
12 ANSWERS
You would have two choices. First go to her and point out that you are sorry but the law does not provide for a live in girl friend to be entitled to any property and you want her to turn it over [what of furniture, etc.]. If she does not believe you, go to an attorney to get a quick, [should spend much less than one hour for a letter to tell her] letter to try to convince her. If that does not work, file for a Will-less probate to get title transferred to you [beware that she might try to sell the vehicles but since she does not have a pink registration slip she should not be able to sell them]. That takes some time and money. In California you can file for a small estate probate. Get some book written for lay people, such as Nolo Press in Berkeley, Ca., and read what is involved. It may not be worthwhile to get all three back.
Answered on Dec 02nd, 2013 at 6:05 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If the vehicles are not titled in the girlfriend's name, then she has no right to them. If probate is not otherwise necessary, then you can get title to the vehicle(s) in your name, provided you are the sole next of kin. You would file a certificate with the secretary of state.
Answered on Dec 02nd, 2013 at 5:59 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Negotiate with her. You (and your brothers and sisters) have the legal right, but, honestly, what are these vehicles worth? You really haven't provided enough detail, but it sounds like you have a legal right. Enforcing that right could be very expensive. Negotiate with her, and you probably end up just filing affidavits of heirship with the DMV. Go to war with her, and you may need to start a full probate in order to enforce your right.
Answered on Dec 02nd, 2013 at 5:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to open a probate estate in his name, become the personal representative and then have the court order her to turn over all of his property to you.
Answered on Dec 02nd, 2013 at 5:58 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Please see an attorney. In Missouri, you may have to do a small estate affidavit in order to get the vehicles in your name. A small estate affidavit is if total assets for your father are less than $40,000. You also have to take into consideration any bank accounts your father has plus any other assets.
Answered on Dec 02nd, 2013 at 5:58 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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You can open up a probate estate and become the administrator so you have the authority to demand his assets and it will also give you the authority to talk to the financial institutions that he has accounts at. You will have to pay the court filing fees but it will give you the authority to act for his estate.
Answered on Dec 02nd, 2013 at 5:40 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Assuming you are the only living direct heir, make a list of all of the properties, particularly describing them, and make a letter demand setting forth when and where you will be recovering the properties If dad owned real property, then you definitely will need to file a petition into probate court to have you designated as the rightful heir. to receive the property. Obtain the services of a probate attorney to assist you in making the demand letter and or filing a petition for probate.
Answered on Nov 27th, 2013 at 4:15 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Assuming total value of his estate is less than $150,000, you can get forms from the DMV or the Auto Club, which will assist you in completing them if you are a member.
Answered on Nov 27th, 2013 at 4:14 PM
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Find an attorney and open a probate for your father's estate.
Answered on Nov 27th, 2013 at 4:14 PM
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Yu should speak with an estate/probate attorney about being appointed to serve as the Administrator of his estate. Best of luck to you.
Answered on Nov 27th, 2013 at 4:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, check the titling of his assets and if necessary open a probate case.
Answered on Nov 27th, 2013 at 4:14 PM
Petition the local probate court in the state your father resided in at the time of his death. Ask that it name you the executor of his estate. It will then be your responsibility to notify all his creditors, collect all his assets, pay all debts and taxes, and sell or distribute any remaining assets.
Answered on Nov 27th, 2013 at 4:13 PM