Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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...

Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
10/20/2017
Jessica B
Category: Family Law
Satisfied Customers: 1,637
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

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.

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question

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.

Ask Your Own Family Law Question

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 It does not matter if she gave permission, she has since rescinded her permission and therefore the DIL has stolen the vehicle.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Let me clarify. Daughter has POA. (she's the good guy.)

Oh ok good!

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question

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.

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question

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

Ask Your Own Family Law Question

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.

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question

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

Jessica B
Category: Family Law
Satisfied Customers: 1,637
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 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 8 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.

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question
Customer reply replied 8 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!

Ask Your Own Family Law Question
Customer reply replied 8 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.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jessica B Your Own Question
Jessica B
Jessica B
Jessica B
Category: Family Law
Satisfied Customers: 1,637
1,637 Satisfied Customers
Experience: Attorney at Donald B. Linsky & Associates, PA

Jessica B is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My daughter invited a woman to her house to help with
My daughter invited a woman to her house to help with expenses. My daughter rents. The woman is crazy and my daughter told her she has to leave and gave her 2 weeks. The woman says my daughter will ha… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
Without Court orders I assigned temporary guardianship of my
Without Court orders I assigned temporary guardianship of my 17 year old daughter to a woman I am not related to. At the time of signing over guardianship my daughter was in possession of a 2003 Monte… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
My father got remarried after my mother died i was 30 yrs
my father got remarried after my mother died i was 30 yrs old the lady he married was divorced living with her 30 yo daughter after 30 yrs of marriage the new wife died my father was the sole breadwin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What can I do to get the revoke of the medical POA because
what can I do to get the revoke of the medical POA because my daughters grand mother is refusing to give her back to me?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
A judge without notifying me held a secret R.O. hearing with
A judge without notifying me held a secret R.O. hearing with witnesses. I was served for the 2nd hearing with 110% false allegations by a manipulative cousin whose been stealing from my parents and fa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A woman who lets my unlicensed 17 year old daughter drive her
A woman who lets my unlicensed 17 year old daughter drive her vehicle everywhere all the time sent my daughter to take the vehicle back to the shop for repair. My daughter, Tessa, never showed up at t… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
Continuation from my previous question. I found out that my
Continuation from my previous question. I found out that my ex is very sick and has started to have this lady take care of all of her assets. She has even made her executor of her estate should someth… read more
Thelawman2
Thelawman2
Doctoral Degree
1,547 satisfied customers
My 44 yr old daughter who lives in TN has been in a very volitle
My 44 yr old daughter who lives in TN has been in a very volitle situation (not married)with a man for about 6 1/2 yrs..and she has a 8 yr old daughter (not his)...she is trying to get him to leave & … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
I had POA for my mom Citi bank locked my moms account was a
I had POA for my mom Citi bank locked my moms account was a C D account about $85,000 in it mother said it was ok for me to get a motorcycle each week for 4 weeks i took out 5 or 6 thousand dollars th… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
There is a dispute between my husbands daughter and daughter-in-law
There is a dispute between my husband's daughter and daughter-in-law over a piece of furniture. The daughter claims that it was promised to her and the daughter-in-law claims that it was given to her … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I am the eldest of two remaining adult children and our mother
I am the eldest of two remaining adult children and our mother is bedridden and terminally ill whom was told she has less than three months to live. My sister, my sister's daughter (2nd oldest) along … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
In Missouri Randolph County, modification of divorce, custody,
In Missouri Randolph County, modification of divorce, custody, support orders? Three year old daughter with 9 year old half brother. Seperated once and came back because I caught her and friends smoki… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
What are a wifes rights in a case against her mother-in-law
What are a wife's rights in a case against her mother-in-law that was named proxy caregiver last Sept. Husband (22 ) father of 6 mth old) Hearing tomorrow in Boston.… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Hi My brother left on business trip in June 2011 while
Hi My brother left on business trip in June 2011 while his wife went to Seattle for treatment she was supposed to stay with her kid son 38 daughter 47, my brother spoke to his wife thru the month of J… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
What kind of evidence/grounds and how much do I need to present
What kind of evidence/grounds and how much do I need to present to a lawyer / judge/ the police to get my mother in laws power of attourney revoked from one of her relatives. They have been using the … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I have a nephew (28 yrs. old), that lives with my parents,
I have a nephew (28 yrs. old), that lives with my parents, he brought in a woman (41 yrs. old) about 2 yrs. ago, I have filed for eviction notices on this lady, the constable came out and served her a… read more
Ray
Ray
Lawyer
Doctoral Degree
33,301 satisfied customers
Man and woman live together for four years. Woman has two
Man and woman live together for four years. Woman has two children by different fathers. Man is father figure to children and about to adopt them. They file Taxes together in the state of Texas. Man g… read more
Marcus Parker
Marcus Parker
Doctoral Degree
244 satisfied customers
Is it legal to check someones back ground without ...
Is it legal to check someones back ground without their permission? Someone is looking to my credit and my taxes files without my permission, and that someone is the Son and the Daughter of my girlfri… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x