Estate Law Questions? Ask an Estate Lawyer.
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.
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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.
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