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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35339
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My Mother died four years ago and her vehicle was left to

Customer Question

Hi, My Mother died four years ago and her vehicle was left to the three of us in her estate. However, my brother and sister fought over the vehicle and house and now both have abandoned the house and the vehicle. Since my name is ***** ***** the title to the vehicle can I file for a abandonment title to get the vehicle in my name only? This vehicle has been sitting on the property for four years and now the property is being foreclosed on in April. My mother worked very hard for what she owned. I can't afford the house but would like to keep her car. I live in TN so I wasn't aloud to be executor of her estate according to Ohio law. This has been a real mess. Thank you for your time
JA: Thanks. Can you give me any more details about your issue?
Customer: My mother passed away 4 years ago without a will. I was not aloud to be executor because I live in Tennessee and she lived in Ohio. My brother was made executor and the lawyer he hired suggest we pay off the vehicle out of the funds from the estate which we did $7000.00 and the title would be put into all 3 of our names to sell the car the house was also deeded to all 3 of us. My brother was going to buy the house and my sister was going to take the car. When it came time to sign over my sisters part of the house she refused thinking she was not getting a fair deal so my brother decided she or any of us would get the car or the house so he stopped paying on the house and the car is sitting on the property. He has moved away from the house and the car and the house was abandoned. The bank has now foreclosed on the house. which will be sold in April, I would like to get the vehicle in my name only and bring it to TN instead of letting the bank get the vehicle along with the house. My siblings will not sign the title so I'm wondering what I can do about it.
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Submitted: 9 months ago.
Category: Legal
Expert:  LawTalk replied 9 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You asked: Since my name is ***** ***** the title to the vehicle can I file for a abandonment title to get the vehicle in my name only? You cannot claim full ownership of a vehicle based on abandonment by your co-owners. You can however legal take the vehicle for your own use as you are one of the legal owners. You simply will not be able to sell the vehicle to another party if they expect you to provide a clear title to them.

However, you are free to keep the car. All you have to do is take it.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 9 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

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