How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
10097515
Type Your Estate Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

My brother and I have been co-trustees of our mothers estate.

This answer was rated:

My brother and I have been co-trustees of our mothers estate. Items weren't divided equally as my brother took everything he wanted from her house before I had a chance to see what I wanted...But I had told him I wanted all household furnishing sold and money divided..oh well...I lived with it. He also took her car. I told him I had equal right to 50% value of the car. Never the less he kept it. When the little money that was made from the sell of her home went into the trust account, I transferred my 50% into my separate account. I also transferred 3000 more representing half of low bluebook on her car. He is now saying that our mother put his name on the title of the car with her. Therefore, he claims it is his separate property and he wants me to return the 3000 dollars to him. Is he correct? Thank you.
Hello,

A motor vehicle which displays the name of someone other than a decedent, is the property of the person whose name is XXXXX XXXXX your brother can show that his name was on title at the time of your mother's passing, then he would be entitled to 50% of the vehicle's value, if his name and your mother's name are separated by the term "and" or a slash "/" mark (means "tenants in common").

He would be entitled to 100% of the vehicle's value, if the term "or" separated the two names (means joint tenants with rights of survivorship).

See generally, Cal. Vehicle Code 5600.5.

Please let me know if I can be of further assistance.
socrateaser and other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you
Customer: replied 3 years ago.
Hello. My brother and I are trying to determine our Mother's intentions with respect to placing Dan's name on the Title. My brother has a copy of the current registration which he recently did in Nevada. But my mother lived in California and placed his name on the title in 2011. What would be the best way to obtain a copy of the 2011 registration so that we can see what the wording is?

Thank you.
In order to obtain title in Nevada, your brother would have had to have surrendered the California title to the NV DMV. I would contact the DMV and see if they can provide a copy of the title. If not, then I would do the same with California DMV. You may have to physically visit a DMV office, because there may be no standard form for this type of request. Also, the DMV may be unwilling to make a copy, out of concern that you may use it for some wrongful purpose. However, the DMV may permit you to examine the title at the office.

Hope this helps.
socrateaser and other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
Is a copy of the "registration" of the car sufficient? Is that the same as "title"? Thanks.
Title and registration should be identical concerning ownership interests.

Hope this helps.
socrateaser and other Estate Law Specialists are ready to help you

Related Estate Law Questions