This all sounds just marvelous -- except for the fact that my Husband's son and I aren't exactly on the same page when it comes to this vehicle. There's no way that he would execute that document. Any other suggestions?
First, you will not have any problems with the administration of probate forms because if the car is titled in your husband's name then you will and should be able to complete the paperwork, have it signed by the clerk, and then you have the permission to change the title over. The problem you may have is really with the DMV if he refuses to sign a release of the lien. My suggestion here is to take the matter to small claims court -- sue him for the amount of the lien or the car (you will have to name him and the now defunct company) - I tell you to sue him for a cash amount because you cannot use small claims court unless you actually sue him for a cash amount (ideally this should go to a regular court lawsuit but you have said you cannot afford an attorney and you cannot seek an injunction to force someone to do something unless you file a full blown lawsuit). Your argument in small claims court is this: Basically, his refusal to sign off on the lien is keeping you from the value of the car and when you go to small claims court you state that you either want to be paid the value of the car or you want the lien signed off on and removed. I do suggest writing up a release of the lien and sending it to him by certified mail and regular mail (same letter sent 2 ways so he cannot say he did not receive it) -- that way the court cannot say "Well, did you ask him to sign it before you filled out the small claims paperwork?" This is a creative way of approaching this, and I believe you will get what you want -- but the worst the court can do is say "you need to bring a regular lawsuit and seek an injunction to force him to sign". Let me know what happens -- I will be happy to assist again if you end up at another brick wall. Ideally, you should hire an attorney to file suit against the company and him and ask the court to issue and order to release the lien or an injunction to make him sign the release -- and I am suggesting the small claims route to try to get something moving here for you without having to hire an attorney.
Researcher, Lawyer, Cook
OK. So just to get this in order (as I am a just a bit confused). So in a perfect world... it would go like this:
1. Settle the lien on the vehicle with the bank.
2. If they do not care about the other lien, and they will send me the title for paying fo the vehicle, then take the title to the Probate Court with the Disposition Form.
3. I will be named executor of my Husband's small estate.
4. Try to get my step son to sign a release of lien.
5. Go to DMV with both lien releases, and title, and Probate paperwork naming me as Executor of my Husband's "small estate", and get the car titled to me.
If this by some miracle works with the DMV without the release of lien, I'm home free. However, if the DMV will not transfer because of he son's lien, then I'm pretty much screwed unless I 1) convince the son to sign the release or 2) take the son to small claims court.
Have I got it straight?
Yes, you pretty much seem to have it straight. You can actually go to probate court first because they do not want to see the title to the car --- you just list the car on the probate forms. But if you want to try and get the title from the bank first you can do that.