How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32566
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I'm not sure what type of lawyer I need. My brother passed

Customer Question

I'm not sure what type of lawyer I need. My brother passed away in 11/2011. He had bought and still paying for a kia automobile. We notified the lien holder several times and they said they would have it towed. Well it has been almost 4 years and the car is still in my yard. I would like to get the title to the car, but not sure if that is possible.
Submitted: 7 months ago.
Category: Legal
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Was there a probate done on your brother's estate?

Customer: replied 7 months ago.
no. He did not have anything. quite poor.
Expert:  Dwayne B. replied 7 months ago.

The problem that you have is that until a probate of some type is done you can't try to get title to the car. The reason is that at the moment of your brother's death there was created a legal entity known as his "estate". That estate now owns everything that he did and owes all the debts that he did.

The law in CO states that a vehicle is considered abandoned when it is:

  • Left unattended on private property for a period of 24 hours or longer or for such other period as may be established by local ordinance without the consent of the owner or lessee of such property or the owner's or lessee's legally authorized agent.
  • Left on private property without the property owner's consent, towed at the request of the property owner and not removed from the impound lot by the vehicle owner within 48 hours.

The owner at this point is the estate and so there is no way that the owner could have left it there with or without permission (since there is no executor there is no way to notify the estate). What I'd suggest you do is go and visit with a local lawyer that does Probate Law, you can find one at www.lawyers.com, and see how you can do the cheapest possible probate and then how to notify the executor (likely you) and the finance company in such a way that when they don't respond you can get a title issued by the probate judge.

That's the best way to handle it and it shouldn't be terribly expensive since you are only doing this to get one piece of property.