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Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10686
Experience:  Over 10 years of criminal defense practice.
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My mom recently passed away in June. She did not leave a will.

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My mom recently passed away in June. She did not leave a will. Her house will be taken by the bank because she bought the house before she got remarried and she never refinanced it with her current spouse. My mom left an insurance policy for her husband and me and my brother. My brother and I are the beneficiaries for her 401k account. He has taken her expensive items like the ring he bought her, expensive purses as well as her expensive jewelry.

My question is about her car. Can her husband take her car from me? I have been driving her car and I had interest in keeping it. My license is suspended at the moment but when I get my license back I would like to keep her car.

Thank you.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

The car would be considered part of her estate, as would the jewelry and her personal items. It would be divided according to rules set up by the state as your mother had no will.

In Indiana, when a person remarries, their children and current spouse split the monetary value of the property. He would be entitled to half, and you would be entitled to half. If you and he can agree on how things are split, you could keep the car. He is not entirely entitled to it. If you all cannot agree, the court would order everything sold and the proceeds split.

In order to title the car in your name, you'll have to open your mother's estate. You can hire a lawyer to do that or you can use forms , like those found here

Also, the probate court where your mother resided may have forms and guides to help. Check with them as well.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

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