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Legal Eagle
Legal Eagle, Lawyer
Category: Estate Law
Satisfied Customers: 3709
Experience:  Licensed to practice before state and federal court
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I am executor of my father's will. One piece of property is

Customer Question

I am executor of my father's will. One piece of property is going to have to be disputed. My father "helped" a family friend by a car. They are co owners making the estate 50% owner. The young lady broke into garage and had the vehicle towed out of garage. I have officially filed the will and started the 6 month process to close the estate. This car is the only thing that will need to me litigated. My brothers and I are in agreement on all items and the will is clear enough to make all else easy.What I need known now is how and where I process a petition for a hearing and sent her notice giving the proper amount of time to reply or show up to court to have car handle. We are already down 28k on this vehicle. Is this probate court or small claims court or other? How do I stop her from selling the vehicle or getting the estates(fathers) name off the title.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Legal Eagle replied 4 months ago.
Hi my name is ***** ***** I'm an attorney with Just Answer. One moment while I review your question
Expert:  Legal Eagle replied 4 months ago.
I'm sorry to hear about this situation. What you will want to do is file a protective order against that person.
Expert:  Legal Eagle replied 4 months ago.
As the executor, you have the authors to file on behalf of the estate to prevent her from selling or otherwise making changes to ththe vehicle. The person who files a motion for protective order (you) is known as the petitioner; the person who is the subject of the proposed order is the respondent. After the filing, the court will schedule a hearing, at which a judge will decide whether to grant or deny the motion. The court also has the authority to grant the protective order with limitations or for a limited time. This will likely be for the time during the probate process. You can check with your local court to find out what documents specifically are required and be sure to SERVE her with those documents. Failure to serve will result in a denial of your petition.
Expert:  Legal Eagle replied 4 months ago.
Follow up questions are free. Did you have any for me? If not, were you satisfied with my service today?
Customer: replied 4 months ago.
What system do I file in? Probate or small claims or is it other? there is 20 something floors and if you do not go to the right floor you will be bounced around.
Customer: replied 4 months ago.
IS the DMV also an option?
Expert:  Legal Eagle replied 4 months ago.
I understand. Every jurisdiction is different so it's hard to know for certain. However, you would file either in the CIVIL or PROBATE division. You may get bounced around about, but if you or someone you know speaks with a cour clerk, they can usually give you the forms and location that you need to get started. As far as the DMV, getting an approved protective order will prevent her taking those actions. If she does anyway, a judge could fine her and order her to revert the title, for example, back to its original form.
Expert:  Legal Eagle replied 4 months ago.
I would try the order in the civil division first and reference your probate case in the request.
Expert:  Legal Eagle replied 4 months ago.
Hi I just wanted to double check to see if you were still with me.
Customer: replied 4 months ago.
Thank you for your help - I will head to Cook county during lunch to see what I can get done.
Expert:  Legal Eagle replied 4 months ago.
Excellent it's my pleasure. If you haven't already, please feel free to rate your opinion of my service.
Expert:  Legal Eagle replied 4 months ago.

Hi, I noticed that we never had a chance to reconnect on this. I’m totally ready to help. Did you have any follow up questions for me or any other facts to add? If not, were you satisfied with my service?

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