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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33245
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My Uncle died in February and my mother, s sister, is the

Customer Question

My Uncle died in February and my mother, his sister, is the next of kin. He lived in Ohio she is in Michigan in a nursing home with Medicaid. He did not have a will and the only thing worth keeping is a car that is worth some money. I cannot find the original title just a copy. The tags have expired. Is there a way to get the car without my mother being involved. She can not drive and wants to gift the car to my husband. I was told we have to go through Ohio probate in his county. I don't want to pursue this if this will make her lose her Medicaid.
Submitted: 7 months ago.
Category: Estate Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


Is there a way to get the car without my mother being involved.


If she is the only living heir, she would be the only one who would inherit the vehicle and any other assets that he might have. However, if she was to sign a written notarized disclaimer stating that she was waiving any rights to the estate, then it would pass down the line to the next heirs. If that is you and you are the only child of mother, then you would be able to inherit it once a probate case was filed and the estate was settled, assuming that he had no outstanding debts or bills that would have to be paid. If he did, and the car was the only asset, it would have to be sold because debts get paid first before any heirs get anything.





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