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My brother and I have been co-trustees of our mothers estate.

Items weren't divided equally as...
My brother and I have been co-trustees of our mothers estate. Items weren't divided equally as my brother took everything he wanted from her house before I had a chance to see what I wanted...But I had told him I wanted all household furnishing sold and money divided..oh well...I lived with it. He also took her car. I told him I had equal right to 50% value of the car. Never the less he kept it. When the little money that was made from the sell of her home went into the trust account, I transferred my 50% into my separate account. I also transferred 3000 more representing half of low bluebook on her car. He is now saying that our mother put his name on the title of the car with her. Therefore, he claims it is his separate property and he wants me to return the 3000 dollars to him. Is he correct? Thank you.
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Answered in 14 minutes by:
5/19/2013
socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39,498
Experience: Retired
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Hello,

A motor vehicle which displays the name of someone other than a decedent, is the property of the person whose name is XXXXX XXXXX your brother can show that his name was on title at the time of your mother's passing, then he would be entitled to 50% of the vehicle's value, if his name and your mother's name are separated by the term "and" or a slash "/" mark (means "tenants in common").

He would be entitled to 100% of the vehicle's value, if the term "or" separated the two names (means joint tenants with rights of survivorship).

See generally, Cal. Vehicle Code 5600.5.

Please let me know if I can be of further assistance.
socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39,498
Experience: Retired
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Customer reply replied 4 years ago
Thank you
Customer reply replied 4 years ago
Hello. My brother and I are trying to determine our Mother's intentions with respect to placing Dan's name on the Title. My brother has a copy of the current registration which he recently did in Nevada. But my mother lived in California and placed his name on the title in 2011. What would be the best way to obtain a copy of the 2011 registration so that we can see what the wording is?

Thank you.
In order to obtain title in Nevada, your brother would have had to have surrendered the California title to the NV DMV. I would contact the DMV and see if they can provide a copy of the title. If not, then I would do the same with California DMV. You may have to physically visit a DMV office, because there may be no standard form for this type of request. Also, the DMV may be unwilling to make a copy, out of concern that you may use it for some wrongful purpose. However, the DMV may permit you to examine the title at the office.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39,498
Experience: Retired
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socrateaser and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 4 years ago
Is a copy of the "registration" of the car sufficient? Is that the same as "title"? Thanks.
Title and registration should be identical concerning ownership interests.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other Estate Law Specialists are ready to help you
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socrateaser
socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39,498
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