How would I collect my father’s vehicle from his girlfriend if he doesn’t have a Will? 16 Answers as of December 02, 2013

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?

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Law Office of Pamela Braynon | Pamela Y. Braynon
You can go into probate court and open an estate under your dad's name (you'll need an attorney for this) and if you are your dad's only living heir everything that was his is yours. If you have siblings from your dad, you all would split his assets equally. Girlfriend would receive nothing.
Answer Applies to: Florida
Replied: 12/2/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
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.
Answer Applies to: Idaho
Replied: 12/2/2013
Christine Sabio Socrates Attorney at Law | Christine Socrates
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.
Answer Applies to: Ohio
Replied: 12/2/2013
Richard J. Keyes Attorney at Law | Richard J. Keyes
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.
Answer Applies to: Missouri
Replied: 12/2/2013
Ronald Main & Associates | Tracian M. Laignel
You will want to file a probate action in the local county court and seek to be appointed the personal representative of the estate of your father. This can be costly but there should be pro se forms at the courthouse and speak with the court clerk and see if they can give you some direction. Then you can have authority to liquidate your father's estate, which includes his vehicles. You may want to hire an attorney as probate is a tedious process and is not quick or easy.
Answer Applies to: Oklahoma
Replied: 12/2/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    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.
    Answer Applies to: Oregon
    Replied: 12/2/2013
    Frederick & Frederick PLC | James P Frederick
    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.
    Answer Applies to: Michigan
    Replied: 12/2/2013
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, one can petition to administer his intestate (no will) estate so that probate assets can be "recovered;" do this at the Register of Wills/Orphans' Court for the county where the decedent lived. The person appointed as personal representative will have the authority to gather, secure, and manage the probate assets.
    Answer Applies to: Maryland
    Replied: 12/2/2013
    Law Offices of George H. Shers | George H. Shers
    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.
    Answer Applies to: California
    Replied: 12/2/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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.
    Answer Applies to: California
    Replied: 11/27/2013
    James Law Group
    James Law Group | Christine James
    Find an attorney and open a probate for your father's estate.
    Answer Applies to: California
    Replied: 11/27/2013
    Law Offices of Robert Beatson II | Robert Beatson II
    The facts need to be carefully reviewed and analyzed. An experienced trusts and estates attorney should be able to handle this.
    Answer Applies to: Maryland
    Replied: 12/2/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    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.
    Answer Applies to: Nebraska
    Replied: 11/27/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    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.
    Answer Applies to: California
    Replied: 11/27/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, check the titling of his assets and if necessary open a probate case.
    Answer Applies to: Michigan
    Replied: 11/27/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Yu should speak with an estate/probate attorney about being appointed to serve as the Administrator of his estate. Best of luck to you.
    Answer Applies to: Nevada
    Replied: 11/27/2013
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