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Legal Eagle
Legal Eagle, Lawyer
Category: Estate Law
Satisfied Customers: 5212
Experience:  Licensed to practice before state and federal court
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My brother died 2 weeks ago intestate. No wife ir children

Customer Question

My brother died 2 weeks ago intestate. No wife ir children only siblings . Administrator of estate is in process. He had a vehicle titled in his and another persons name (and/or). I hsve not seen the title to verify this. That person sold the car to another individual in Lynchburg va where the car and my brother resided. The car was titled in kansas but has been in physical posessional 17 years. Is thay legal? It was done with no notification or permission of the siblings. It was sold for 1/4 of its value
JA: What are the assets in question? Have any documents been drafted?
Customer: And if its legal wouldn't his estate be due his portion?
JA: Anything else you want the lawyer to know before I connect you?
Customer: A car. No documents except what the two partues buyer and seller did
Submitted: 2 months ago.
Category: Estate Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry to hear about your brother's passing. If there's any Silver Lining to this situation, it is that because your brother was part owner of the vehicle, the vehicle could not be sold without his permission. Because the vehicle cannot be sold without his permission, the sale cannot be completed. The person that received the vehicle, would not be able to get good title because your brother would not be able to sign off on it because of his death.

On a practical level, you may need to contact the DMV in the state where the property was sold and explained that the title should not be transferred because the individual that was on the title has deceased in the title needs to be transferred over to whoever is going to be owning the car. If the vehicle has already been sold in the title has already been transferred, then you may need to submit an appeal to the DMV and explain to them that this was an illegal transfer of the title in that it should be reversed immediately.

The bot***** *****ne is is that if your brother died intestate, then his siblings are going to be the people that take the property of his parents aren't living.

Although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Customer: replied 2 months ago.
Even if the car was titled his name and/the other person?
Customer: replied 2 months ago.
Is that a criminal offense
Expert:  Legal Eagle replied 2 months ago.

If the person who was also on the title sells the car, they can only sell up to their 50% interest in the vehicle. So it is possible that the title could change to where you would be in the new owner's name and your brother's name. Regardless, your brothers interest could not be sold. If the car is sold, this could be a criminal offense because it would probably be considered a fraud in your state. For the person that received a vehicle, there could be civil action. The cause of action against that person would be called conversion. Conversion occurs when one party substantially and unreasonably interferes with the personal property of another.

Expert:  Legal Eagle replied 2 months ago.

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.