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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33395
Experience:  Began practicing law in 1992
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I'm not sure what type of lawyer I need. My brother passed

Customer Question

I'm not sure what type of lawyer I need. My brother passed away in 11/2011. He had bought and still paying for a kia automobile. We notified the lien holder several times and they said they would have it towed. Well it has been almost 4 years and the car is still in my yard. I would like to get the title to the car, but not sure if that is possible.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

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Was there a probate done on your brother's estate?

Customer: replied 1 year ago.
no. He did not have anything. quite poor.
Expert:  Dwayne B. replied 1 year ago.

The problem that you have is that until a probate of some type is done you can't try to get title to the car. The reason is that at the moment of your brother's death there was created a legal entity known as his "estate". That estate now owns everything that he did and owes all the debts that he did.

The law in CO states that a vehicle is considered abandoned when it is:

  • Left unattended on private property for a period of 24 hours or longer or for such other period as may be established by local ordinance without the consent of the owner or lessee of such property or the owner's or lessee's legally authorized agent.
  • Left on private property without the property owner's consent, towed at the request of the property owner and not removed from the impound lot by the vehicle owner within 48 hours.

The owner at this point is the estate and so there is no way that the owner could have left it there with or without permission (since there is no executor there is no way to notify the estate). What I'd suggest you do is go and visit with a local lawyer that does Probate Law, you can find one at, and see how you can do the cheapest possible probate and then how to notify the executor (likely you) and the finance company in such a way that when they don't respond you can get a title issued by the probate judge.

That's the best way to handle it and it shouldn't be terribly expensive since you are only doing this to get one piece of property.