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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 19115
Experience:  B.A.; M.B.A.; J.D.
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My father passed away, and s mother will not give me s car

Customer Question

my father passed away, and his mother will not give me his car that by multiple people heard him say it was mine. How do I proceed
Submitted: 1 year ago.
Category: Estate Law
Expert:  Phillips Esq. replied 1 year ago.

Could you explain a little more?

Is there a Will?

Is your father's estate now in probate Court?

Customer: replied 1 year ago.
There is no will, he passed away this Sunday. The car in not running but is on his mothers property it is in his name. I am 18 years old and my brother is 17. She refuses to give me the car.
Customer: replied 1 year ago.
no probate court, I have several people not related to me and related to me that will sign a letter stated he gave me the car, he gave my brother a car also and we already had brought it to our home a few years ago.
Expert:  Phillips Esq. replied 1 year ago.

If there is no Will, then your father's assets would be distributed pursuant to Intestate Succession Statute. See California Probate Code Sections 6400-6414. His mother has no legal obligation to hand over the car to you just because your father stated his intention to give the car to you. Since he did not carry out his intention before his death and deliver the car to you, your case would be handled very differently from your brother's who has already received his gift. Since your father’s intention was not written down in the form of a Will, his mother just cannot give the car to you without going through the proper proceeding as other relatives may have a claim to the car pursuant to Intestate Succession Statute. See California Probate Code Section 6402. His mother may decide to probate his estate before deciding to let you have the car. Letters from relatives and friends will not change the legal status of your case.

If his mother does not want to probate his estate, but refuses to give you the car, you can petition for probate of the estate so that you can obtain proper title to the car. For California probate process, click on the link below:

http://www.courts.ca.gov/8865.htm

Customer: replied 1 year ago.
i accidently requested call
Expert:  Phillips Esq. replied 1 year ago.

That's alright.

Do you have additional question?

Customer: replied 1 year ago.
will probate have a cost, and if I decide to go that way what are my chances of winning.
Expert:  Phillips Esq. replied 1 year ago.

Probate Court has a cost. You would have to pay the Court filing fees. The Court has schedule of fees that you can review:

http://www.courts.ca.gov/7646.htm

As for your chances of winning, I am in no position to answer that question because I am not privy to all the facts in the case or what his mother and other witnesses brought forward would say. The Court would evaluate ALL the evidence presented in the case before making a decision on whether you should get the car.