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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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my brother died june 30th this year. about a week before he

Customer Question

my brother died june 30th this year. about a week before he died his girlfriend signed the title of her tahoe over into his name.
His estate is $190,000 in debt. she is demanding her tahoe back. we are demanding that it be sold to help pay down the debt she helped create. she never worked while living with him.
can she legally get possession of the tahoe now titled in my brothers name? I am the administrator of his estate. our lawyer told us to take the tahoe in my brothers name from her.
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. Please permit me to assist you with your concerns.

On what basis is she claiming the trick back, is it based on fraud or other grounds?
Customer: replied 3 years ago.

she says she transfered it to his name to save on insurance rates because she had a dui and was caught driving on a suspended license.


she says she bought and paid for the tahoe.


i say my brother transfered it in his name because she owed him a bunch of money for her fines that he paid for her

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up, Angela.

None of those reasons are persuasive. A transfer into his name makes the truck the property of the deceased, and by extension the estate's. As a consequence it does not have to be returned. The fact she paid for it is irrelevant, once it was transferred to your brother, it became his, the same as any gift would be, or as a down payment on the debt. But even a gift is sufficient to make the property your brother's, and that is why I agree with your attorney. You are free to simply take the truck and consider it yours, or rather the estate's.

Good luck.

Customer: replied 3 years ago.

Thank you. she put him in this debt and she should have to be responsible to pay it back!


Sellling it will knock a few thousand off of his massive debt and maybe teach her that you get what you give in life.


 

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up. You are most welcome!

It may definitely affect her in this instance. But as for the debt, unless it's in writing and she admits it and promises to pay it back, it's likely not collectible.

Hope that helps and if satisfied, please do not forget to positively rate my responses so I can obtain credit. Thank you!

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