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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37391
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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How are you, I have probate relayed questions about my

Customer Question

Hello how are you
JA: I'm good. And you?
Customer: I have probate relayed questions about my father's death. He died in 2010 , my step mother murdered him
JA: Glad to hear it. Estate laws vary by state. What state are you in?
Customer: Sc
JA: What documents or supporting evidence do you have?
Customer: There was no will. To my understanding my brother and I share 50- 50 ownership of his small john boat and truck
JA: Anything else you want the lawyer to know before I connect you?
Customer: My brother is making an argument still about this as to he will not come to agreements over this and im ready to come ti conclusions.
Submitted: 7 months ago.
Category: Estate Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I have read your comments, but I am not sure what your legal question is?

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Did anyone ever file a probate case to settle father's estate?

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Did the step mother go to jail?

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thanks

Barrister

Customer: replied 7 months ago.
step mother did go to jail and according to my knowledge my brother and i have 50- 50 ownership of his small john boat and old truck. My brother and i neother have filed probate related papers. He does not want the the truck and boat he wants to give it to my used to be nephew by marriage and will not agree with me about this issue. I love my father and his assets werent very money valuable but I want my part and will not sign my part away. I will however search for help , pay for my half, or at worst sell and split? Fishing was our hobby and i treasure most and im tired of the confusion and stress and need answers for help regaurding this issue. Stacy
Expert:  Barrister replied 7 months ago.

Ok, he has no legal authority to dispose of assets that are in father's estate. If you are the only two children, then you would inherit them equally. But someone has to file a probate action to be able to have the authority to transfer the truck and boat titles out of father's name and into both of yours.

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If he only had minimal assets under $25,000 then you can go down to the local probate court and file a "Small Estate Affidavit" with the clerks and then that would give you the power to transfer the boat and truck to both you and brother's names with the DMV. You would need to get the titles and then a certified copy of the Affidavit and then they can transfer the assets into both your names and issue new titles.

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Or if you didn't want to do that, the Affidavit gives you the legal power to sell both of them and then divide the money between the two of you.

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thanks

Barrister

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