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We have an involved family situation with an elderly mother…

Customer Question
We have an involved...

We have an involved family situation with an elderly mother and siblings disagreeing on her care. However, a by product of this situation has the family home now being sold by a sibling that is POA and there have been numerous arguments an disagreements with another sibling to the point they cannot talk or agree and the POA has banned the one sibling from the property. The house is now up for sale with sale pending and the sibling has an old car titled to them that has been sitting on the property with his mother's permission for years. How can the sibling legally get his car titled to him off the property if he is told he cannot go onto the property?

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

Michigan

Lawyer's Assistant: What steps have you taken so far?

Tried speaking to a friend that is in local law enforcement as a mediator, he says we have legal right to the car because it is titled in our name, however, the sibling POA wants other items that the other sibling has so she is refusing to mediate unless she gets the items she wants. Bot***** *****ne is the car is titled to the other sibling and on the property - he just wants to get it off but does not want to go on the property because she says she will have him arrested for trespassing.

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

That is all I can think of now unless more is needed

Submitted: 4 months ago.Category: Family Law
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Answered in 14 minutes by:
3/16/2018
Family Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 38,844
Experience: 30 plus years of experience.
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Family Lawyer: Loren, Lawyer replied 4 months ago

Send a demand letter to tell them that you will be coming to pick up your car. Then go and get it and drive it away as quickly as you can.

They can file a complaint about the trespass, but without any damages, the police are likely to tell the other sibling that this is a civil matter.

Otherwise, the remedy is a petition in the court for an order of replevin.

When someone holds your property, after obtaining possession lawfully, the legal remedy is to file for a writ of replevin (called a "turnover order" in some jurisdictions) in the state and county where the property is being held. That is a petition where you ask a judge to restore possession to you of your property being held by someone else. The order to restore possession is under threat of being held in contempt. The court also has discretion to order money damages for the loss of use.

While it is possible to proceed pro se, equitable remedies can get complicated and an attorney is recommended.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

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