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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Legal
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Experience:  Attorney & Certified Mediator
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A FRIEND OF MINE HAD A CAR TITLE SIGNED OVER TO HER A YEAR

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A FRIEND OF MINE HAD A CAR TITLE SIGNED OVER TO HER A YEAR AGO. HER BROTHER PASSED AWAY 7 MONTHS LATER. SHE HAS THE CAR IN HER POSSESSION, BUT NOW THE FAMILY IS GIVING HER A HARD TIME ABOUT IT. A COP CAME TO HER HOUSE AND SAID THAT HER TITLE SUPERSEEDS THEIR PAPERS, AND THAT THERE IS NOTHING THAT THE POLICE CAN DO. ALL THEY WANT THE CAR FOR IS TO SELL AND GET THE MONEY FROM IT. THEY HAVE ALREADY SPENT THE LIFE INSURANCE AND THEN PROMISED TO PAY FOR THE FUNERAL AND THEN LEFT THE COST OF THE FUNERAL TO HER. NOW SHE HAS THAT TO PAY. SHE DOESNT HAVE THE MONEY TO DO MUCH. IS THERE ANYTHING SHE CAN DO? CAN THEY PUT THE VEHICLE IN PROBATE NOW WITH EVERYTHING ALREADY GONE?

A FRIEND/CO-WORKER
Submitted: 6 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 6 years ago.
IS THERE ANYTHING SHE CAN DO? CAN THEY PUT THE VEHICLE IN PROBATE NOW WITH EVERYTHING ALREADY GONE?

1) They have no rights to the car. It was a gift from her brother when he transferred title over to her. It is no longer part of probate. So no, they can't put it in probate. As the cop told her and I agree, once a gift is made when the owner is alive, it is no longer subject to probate.

2) As to the money they owe her. She has the right to file a small claims suit. She would need to present evidence (either by witnesses or in writing) that they promised to reimburse her for the funeral expenses). There is no need for a lawyer to be able to do this as she can find the self-help books at the local law library and some court clerks may have packets.

3) Harassment charges meaning asking the police to charge them with an offense. So not sure how her funds would get involved here. If you mean obtaining a restraining order due to harassment, it is possible she can apply for a fee waiver where the court may agree that she pay nothing. However if she has money the waiver may not work in her case.



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