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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36380
Experience:  Texas lawyer for 30 years in Estate law
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My mom died without a will. Her car is registered and insured

Customer Question

My mom died without a will. Her car is registered and insured in South Carolina; however, my brother has the car in New Jersey and he's driving it. Is this an issue.
JA: OK. The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. The same brother signed forms agreeing to appoint our sister as the executor of our mom's estate. He has asked us not to use his signed agreement. If there's no executor what happens to the estate?
JA: Please tell me everything you can about this issue so the Estate Lawyer can help you best. Is there anything else important you think the Estate Lawyer should know?
Customer: I paid for the entire funeral arrangements. If the estate is not settled how can I get reimbursed?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Estate Law
Expert:  RayAnswers replied 6 months ago.
Hi and welcome to JA. Ray here to help you tonight. You can make application for probate there in SC where she deceased.It is illegal for him to use the car out of state since it is not registered in NJ. The insurance if it was your mothers is no longer valid because she died and the insurance company was not informed.Overall for these reasons this is bad idea. You need to open probate and then have car transferred to him if he is buying it, otherwise the personal representative with court's permission can sell it and deposit funds in an estate account.Once all the creditors are paid any leftover funds go the heirs here equally. If there was no will the court names them as part of probate under the SC laws of intestacy.You need to make application , here are free forms to file.AcrobatWord332ESApplication / Petition for Appointment of Special Administrator
Expert:  RayAnswers replied 6 months ago.
More You may want to consider a local lawyer there in SC as well.
Expert:  RayAnswers replied 6 months ago.
South Carolina Lawyer ReferralAttorneyAddress:***** Columbia, SC 29201Phone(###) ###-####I appreciate the chance to help you tonight.Thanks again.

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