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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38225
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My boyfriend of 25 years passed away. I had a car I sold

Customer Question

My boyfriend of 25 years passed away. I had a car I sold him. How can I transfer the car back to me or sale it. He does not have an estate or anything to go to probate over.
JA: What state is this in? And how old is the car?
Customer: Alabama 2000 Ford Focus
JA: Has anything been filed or reported?
Customer: Just received his death certificate. The car is in his name. I have the title to the car.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Ni
Submitted: 2 months ago.
Category: Legal
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Did he owe you money on the car still?

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Does he have any children, grandchildren, siblings, etc. in his family who are alive?

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thanks

Barrister

Customer: replied 2 months ago.
No he does not owe money on the car. No children or grandchildren. His brother and sister does not want the car or anything to do with the car.
Customer: replied 2 months ago.
I do not want to talk on the phone.
Customer: replied 2 months ago.
Are you still there?
Expert:  Barrister replied 2 months ago.

Ok, the problem here is that you have no legal right to the car. It is owned by his estate now, and only his heirs have a right to it.

Expert:  Barrister replied 2 months ago.

So his heirs, the brother and sister, would have to file a Small Estate Affidavit with the court to be able to claim the car and get the title in one or both of their names. Then they could sell or gift it to you if they wanted to if he didn't have any debts that needed to be paid. If he had debts or final expenses, the car would have to be sold so that the money could go to pay the debts.

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But legally, you don't have a right to inherit the car....only his family does.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister