father passed, his friend wont give me the car he owned?
ok ill try and make this short as i can. my father passed in sep08. Im his merely family. I got left next to bills, funeral cost, everything...however i would not have had it any other way. Now he be with a woman for about 13yrs, on and off never married, him and her split for well brought-up about 3yrs before he passed however he and her remained friends. He paid her bills and get a car for her to USE. He even told me flat out that he got it for her to use but it was his. I hold the title, title is in my fathers name. I haven't go to try and get the car back due to the drama that will ensue but id like to get it subsidise to sale do I can afford a headstone for my fathers grave. Keep in mind this coup¨¦ is like a 98 so its nothing new, but it would bring within the money to get a nice headstone which is what really matters to me. Otherwise I wouldn't want to sale the saloon. She has made statements saying she is going to get the title switched, is this lawful? Do I have a right to this car? There was no will, and zilch written about him giving her this car to keep. Thanks for reading this. cut: also when they spilt for good, they were living apart as well. but he still salaried cable, insurance (auto) internet, bills that i know for sure of.
Best Answer:
If you have not already done so, you MUST go to the probate court and be name executor of your fathers estate. Once that happens, you can simply TAKE the car as the lawful representative of the owner. It is a good idea to inform the local police before you do. That will facilitate WHEN she reports the car stolen.
When it comes to stealing from the dead, I loathe to say you have to just be rude. I go through the same crap with dirt-bags when my son died. Contact the probate judge and inform them of your engagements and request an officer. Then go get it. You can have a push button made for $20 by taking the title to a car dealership. They use the serial numbers
If they weren't married (and I'm assuming there's no common-law marriage here, it is still legal in some states), and the title is surrounded by your father's name, then yes, you should be able to legitimately get the car from her. If I were you, I would consult an attorney going on for it first - since she is likely to put up a fight, you need to jump about this the right way. She cannot get the title switched unless she does some serious forging of documents. That is an clear threat. If you can't afford a lawyer, here is my suggestion as to how to handle this - First, get the title switched to YOUR autograph. That should be done immediately. You will then likely hold to send her a certified letter stating that you expect the car to be returned to you on doesn`t matter what date, like within 10 days from receipt of the epistle, or something along those lines. Do NOT make it longer than 10 days - you don't want to give her time to come up with a instrument to keep the car from you. Be sure to keep a copy of the epistle, and be sure to keep the return card showing when you mailed it. If she does not turn the car over to you on the date you specified, confer her approximately one more week to hand it over. If she still hasn't, then you filch the title, the letter, and the certified receipt card to the police. Explain the situation, and ask for an officer to accompany you to carry the car from this woman. Generally speaking, if you have the right to something, and are afraid of conflict when going to get it, a police officer will attend you to get it so as to keep the peace. Then, go achieve your car and do with it what you please. More notes - after you transport the letter, do NOT engage this woman in conversation. If she call to whine, beg, scream, whatever, become a broken transcription. As in, all you say is "I expect the sports car on X date. That is all I have to say." Do NOT contribute her an extension, do not interact, because she's just going to try to get out of it and it could cost you later down the splash. Hope this helps and good luck.
Not a lawyer, but work within the legal field 11+ years
I would assume that it is yours because you are his next of kin. She is nil to him in the eyes of the law unless he had something contained by writing saying that upon his death she gets the vehicle. I would go get some advice from a attorney or police officer just to check on your state laws.
She cannot legally have it transferred. You have the innovative title, you need to contact the police and specify a time and date for them to escort you to go pick it up. You are the legal character to have the vehicle "Will" or not. They are not married and weren't even together upon his passing. Them being friends doesn't connote a thing when it comes to the Law. You need to Contact the Police As Soon As Possible before this get to old and they don't see your reasoning on waiting. Good Luck!!!
she can't possibly change the title. show the police the title and tell them you want the sports car back. remember that your father is responsible for the insurance and DAMAGES done by that car because HE IS STILL THE OWNER OF RECORD. she's probably driving the car WI TOUT INSURANCE. you might bring up that examine to the police also. all that being said you might want to show her a little compassion, hopefully she made your father joyful for a period of time and so you could consider the car for her as a small price to pay for making your father pleased. i'm sure she sees it that way. just a thought. obedient luck to ya
If your father could tell you his preference, would he want you to nick the eleven year old car away from this woman to put a headstone on his grave? Like you, this woman is no doubt grieving your father's endorsement. Whether you know all the reasons or not, your father valued their long relationship until the day of his release. She may be struggling to pay bills that were not in her budget while your father be alive. To ask her for the car to use the money for a headstone to honor your father may actually be a dishonor to his memory. Is this something your father would thank you for doing? Unless you are sure he would, you honor him more sincerely by letting this go
