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Looking around trying to find answers for the lady that

Looking around trying to...

Looking around trying to find answers for the lady that lives next door to me.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Kentucky

Lawyer's Assistant: Has anything been filed or reported?

No. Her daughter is her POA and has tried to file a report with the sheriff, but he keeps trying to convince her that she doesn't need to. The elderly lady next door had given her daughter in law permission to drive her car. Long story short, elderly lady's son died in July. Relationship with daughter in law deteriorated. She had to have daughter-in-law evicted. Now the D-I-L will not return the car. In addition to this, they took a motorcycle that belonged to the deceased husband of elderly woman.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's it...

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Answered in 2 minutes by:
10/20/2017
jb156200
jb156200, Lawyer
Category: Family Law
Satisfied Customers: 879
Experience: I am a licensed practicing attorney in Tampa, Florida.
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Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your neighbors issue. Please remember to rate my service at the end of this session. Thank you.

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Customer reply replied 6 months ago
Absolutely!

You may receive a prompt regarding a telephone call. You may disregard that notice as it does not come from me, but from Justanswer, directly.

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The first step is the POA needs to be revoked and a new one put in place. The DIL needs to no longer have authority to make transactions on the neighbors behalf.

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Once the POA is terminated, then the police should be contacted to report the theft of the vehicle. It does not matter if she gave permission, she has since rescinded her permission and therefore the DIL has stolen the vehicle.

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Customer reply replied 6 months ago
Let me clarify. Daughter has POA. (she's the good guy.)

Oh ok good!

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Customer reply replied 6 months ago
It's the daughter in law and the grandson. The daughter in law refuses to bring her back the car. The grandson took a black Vulcan motorcycle when they were evicted from the house.

The sheriff is wrong about reporting the vehicle to the police. If necessary they need to contact a different law enforcement officer.

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Both the motorcycle and the car need to be reported as stolen. She will then have the option to press charges or to simply have both vehicles returned to her possession.

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Customer reply replied 6 months ago
I advised my friend, the daughter, to go straight to the police and report them stolen. I told her that if he refused then we would go to the state police.

She should then obtain a restraining order against the DIL, preventing her from coming near the property.

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I am telling you the police cannot refuse. As long as they can prove ownership of the vehicle, they may report it stolen.

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This happens many times when people are going through a divorce and one spouse reports the other spouse for taking the vehicle. Trust me, the police will have both vehicles returned.

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Customer reply replied 6 months ago
The elderly lady, Maureen is the title holder of the car. Her husbands name is ***** ***** title of the bike. However, he is deceased.

You also want a police report of the incidents on record in case they try to do more in the future. You want to be able to show the court the pattern of behavior.

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As the surviving spouse the motorcycle is hers unless his Will stated otherwise.

jb156200
jb156200, Lawyer
Category: Family Law
Satisfied Customers: 879
Experience: I am a licensed practicing attorney in Tampa, Florida.
Verified
jb156200 and 87 other Family Law Specialists are ready to help you
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Customer reply replied 6 months ago
I advised Kathi to keep a log of interactions. In fact, I told her just to not bother contacting them, because it isn't getting her anywhere.
In the will it leaves everything to his spouse. She was actually in the process of selling the bike to me, but they didn't do a probate so we have no clue what to do with that part of it. He died 3 years ago. It's the only asset that could be probated. (is that a word?) lol
Customer reply replied 6 months ago
How do they do a probate after so long has passed?
Or is that question not allowed?

Great. You have given her the correct advice so far. As far as the probate, they can begin that process any time they want to. There is no time requirement.

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Customer reply replied 6 months ago
I read a lot. When we went to transfer the title of the motorcycle we found out about the probate. The lady at the counter told the POA that there was something they could file to exclude the bike from probate or something. I'm not sure what Kathi was talking about because sometimes things get lost in translation. The only thing that I have found is like a quick probate?

Yes there is a summary probate, which is an abbreviated form of probate that is usually cheaper and quicker than formal probate.

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Customer reply replied 6 months ago
Is this something that she could do on her own? It is my understanding that house, accounts, and everything else was automatically taken care of. His daughter said that the bike was the only thing in his name that is "stuck"

She should be able to. If the daughter goes to the clerk's office with the Will and death certificate they will help her complete the correct forms to have the title to the motorcycle transferred to the wife's name.

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Customer reply replied 6 months ago
they wouldn't need to do the probate to do the transfer of the bike?

Technically it is still probate, but just a shorter form.

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Customer reply replied 6 months ago
Oh ok. So do the summary probate, then go to the clerk with the Will and the death certificate?

No, bring the will and death certificate to the clerk, and the clerk will help with the summary. Once the summary is completed then you go to the DMV and transfer the title.

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Customer reply replied 6 months ago
Ah, I see. This is all contingent on us being able to get that grandson to turn that bike over or them getting caught for stealing.

You can get the motorcycle back without the probate because the grandson is not on the title and that is still theft.

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Customer reply replied 6 months ago
I'm just hoping that he didn't sell it and it get chopped up. There was another bike that was in the dad's name and the husband of the daughter in law. When dad died, it went to Karl, the son. Karl died in July. So we figured the DIL is supposed to get that bike. Kathi has been trying to get the DIL to meet her at the courthouse with the car and the Vulcan so they could do a swap, but she refuses.

I understand. She needs to act quickly.

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Customer reply replied 6 months ago
I appreciate you time and advice. Now at least we having a starting point. Hopefully I can let Kathi borrow some of my backbone and we will get this rolling. Thank you again so much.

No problem!

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Customer reply replied 6 months ago
Do you know the form number for the summary probate? 805 or 806?

I apologize I do not know the form number for the Petition. The clerk will provide you with the correct one.

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