Brian Hair said:
My boyfriend and I have lived together for five years, we had a checking and savings account together.He had a truck and so did I.We would often switch and drive each others to work.He was driving my truck to work and was killed by a train and my truck was totaled.I have his truck and when we bought it they said if anything happened to him it would be paid off. After his brother found out he was dead he brought the sheriff to our house and took all his tools and wanted the truck.I gave him the tools and refused to give him the truck because it is the only way I have to get to work now.We live in Florida and he did not have a will. Can someone please tell me where I stand,because his brother wants the rest of his things out of our house.
My response:
The truck belongs to the Estate of your boyfriend. You cannot keep it. But, then you're saying, "Well, my truck was destroyed and I need something". That may be true; however, that doesn't mean that the truck you now have is yours to keep. If you had had insurance on your truck to begin with, you wouldn't be writing your post and you would have been paid for its value. So, if I were you, I'd give that truck to it's rightful owner before all hell breaks loose. I imagine that, if I were in the brother's shoes, I would have you arrested for vehicular theft.
You can force your boyfriend's family to file for Probate and open an Estate for your boyfriend, and then make your claim against the Estate for the value of your truck that was destroyed due to your boyfriend's negligence.
Or, you can forget the whole thing, and buy another vehicle.
Good luck to you.
IAAL
