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Legal Advice-Estate/Property Ownership

Posted on 11/28/14 at 9:40 pm
Posted by Triggerr
Member since Jul 2013
2003 posts
Posted on 11/28/14 at 9:40 pm
So I thought I would post this here to see what responses/advice I get, before people get on a soap box about asking legal advice etc, I will be contacting my attorney Monday, just can't reach him today and am curious as to what my options are.    The estate has been settled, house sold everything else split up etc, but a car remains to be dealt with.  The  car is owned by 3 of us that were heirs to the estate, I am two thirds owner of the car since one of the other two heirs signed over their ownership to me.  The problem is the remaining heir that only has 1/3 ownership just had the car towed from my house while I was out of town.  I have the title to the car in hand, have been paying insurance etc, however it is still in the family members name that passed away. the 1/3 heir is a complete irrational moron among other things and owes the two others of us approx $5,000 for expenses we paid.  What options do I have to get the car back and deal with this.  Can I report it stolen, can I go to their with a tow company and take it back etc.  Thanks for advice. 
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
60309 posts
Posted on 11/28/14 at 9:43 pm to
Just torch it and walk away. Will save you a ton of $$$, time & grief.
Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
20154 posts
Posted on 11/28/14 at 10:02 pm to
You don't have keys to this vehicle?

I'd get in it and drive away.
Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
20154 posts
Posted on 11/28/14 at 10:04 pm to
The executor of the estate should have paid you out of the proceeds for expenses before the estate was settled.
Posted by Cracker
in a box
Member since Nov 2009
19087 posts
Posted on 11/28/14 at 11:24 pm to
you have a shitty relationship with your attorney, or you could reach them whenever you needed to.
Posted by Shepherd
Member since Nov 2009
3077 posts
Posted on 11/28/14 at 11:31 pm to
quote:

Can I report it stolen, can I go to their with a tow company and take it back etc. Thanks for advice.


Not stolen..This is a civil matter..You will have to sue to recoup losses.
Posted by Mudge87
NOLA
Member since Apr 2014
559 posts
Posted on 11/29/14 at 12:02 am to
quote:

Can I report it stolen, can I go to their with a tow company and take it back etc. Thanks for advice.


Probably cannot report it stolen as it was a co-owner who took the car and thus has an equal right to use and enjoyment of the movable. The executor of the estate should have handled this.

**Not legal advice
Posted by TigerfFaithful
New Orleans
Member since Oct 2007
353 posts
Posted on 11/29/14 at 12:28 am to
You said the estate has been settled but a few other things you said call into question the status of the estate. Was there a Will? Has succession been formally opened, and if so, has an administrator or executor been appointed? Were letters testamentary issued? Was a judgment of possession rendered?

Generally speaking, an heir or legatee would take the judgment of possession to dmv and have the car re-titled. If you advanced estate expenses, why were you not reimbursed from the proceeds of the sale of the house?
This post was edited on 11/29/14 at 12:35 am
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
76177 posts
Posted on 11/29/14 at 12:54 am to
First, start by creating a Family LLC.
Posted by LT
The City of St. George
Member since May 2008
5163 posts
Posted on 11/29/14 at 11:39 am to
quote:

First, start by creating a Family LLC.



He then needs orange construction barricade fence to put around the car...


This will never get old!
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