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How Can I Get My Vehicle Back?

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TYTX

Junior Member
Hi to everyone, and Happy Pres. Day!

This involves parties in TX and NJ

My dad wanted to give me a car before he passed. His nephew came from NJ down here to TX and drove him in it back up there (he shouldn't because he was literally in his last stages), but before he left, he had signed the title to me (the actual document).

They arrived to his mothers driveway, and he went from the car to life support (I had to go up there to make life decisions for him), and he shortly passed afterwards. When I came back home, I explained everything to the DMV, and had the title put in my name.

My grandmother is refusing to release the car to me. She has it locked up in a gate at her house in NJ, and is being vindictive every way possible. Her defense is that she HEARD there's a will that is being probated in 30 days (as of writing it has been nearly 60 days since his death, so I doubt that). My dad was very stubborn, and never signed anything while he was living (I've been there with him, and when the question affidavit or medical power attorney, will was asked he said no). He also did not have any real property or assets to make a will with, (unless you count a 25 year old couch in a apartment property, my dad was not materialistic). The only thing he had tied to his name was this car (which he recently bought) and a iphone/ipad he had in the car.

I've tried to contact the police in both states to file a theft report, but they are claiming since its my grandmother (family), and since I put the title in my name after he died, its a civil matter. So I think this heard there's a will is a bluff to scare law enforcement/delay things.

Here are some things to consider:

- He was never married, and I am the only child "Heir".
- The car value is in excess of $10,000.
- His last known residence was in TX. It shows in the death certificate his apt. address. The car was bought in TX, and he spent the last near 3 decades of his life down here.
- I had a attorney send her a certified demand letter, which she has not responded to.

So I'm ready for the next step.

What is the best way to obtain this vehicle back?
 


Zigner

Senior Member, Non-Attorney
Hi to everyone, and Happy Pres. Day!

This involves parties in TX and NJ

My dad wanted to give me a car before he passed. His nephew came from NJ down here to TX and drove him in it back up there (he shouldn't because he was literally in his last stages), but before he left, he had signed the title to me (the actual document).

They arrived to his mothers driveway, and he went from the car to life support (I had to go up there to make life decisions for him), and he shortly passed afterwards. When I came back home, I explained everything to the DMV, and had the title put in my name.

My grandmother is refusing to release the car to me. She has it locked up in a gate at her house in NJ, and is being vindictive every way possible. Her defense is that she HEARD there's a will that is being probated in 30 days (as of writing it has been nearly 60 days since his death, so I doubt that). My dad was very stubborn, and never signed anything while he was living (I've been there with him, and when the question affidavit or medical power attorney, will was asked he said no). He also did not have any real property or assets to make a will with, (unless you count a 25 year old couch in a apartment property, my dad was not materialistic). The only thing he had tied to his name was this car (which he recently bought) and a iphone/ipad he had in the car.

I've tried to contact the police in both states to file a theft report, but they are claiming since its my grandmother (family), and since I put the title in my name after he died, its a civil matter. So I think this heard there's a will is a bluff to scare law enforcement/delay things.

Here are some things to consider:

- He was never married, and I am the only child "Heir".
- The car value is in excess of $10,000.
- His last known residence was in TX. It shows in the death certificate his apt. address. The car was bought in TX, and he spent the last near 3 decades of his life down here.
- I had a attorney send her a certified demand letter, which she has not responded to.

So I'm ready for the next step.

What is the best way to obtain this vehicle back?
Call the police to assist in retrieving YOUR vehicle.
 

TYTX

Junior Member
I did. TX said the DA requires a demand letter which I had a attorney send, and said its a civil matter. NJ said its more of a civil matter, but they can try to go to her house and file a report if I have the title in my name, but I have a feeling they may try to say its a civil matter in the end and do nothing (The Sergent sounded like he may or may not help, and I dont want to waste $600 going up there for nothing).

Do I need to wait to see if the demand letter comes back, go downtown to the TX police, show the proof of title, and ask again to file stolen vehicle report? Or see if the attorney can do that for me?
 
Last edited:

OHRoadwarrior

Senior Member
File for a writ of replevin in NJ court. It will order her to release the car and you can then get police assistance in retrieval. You could also hire a repo company if you think there will be times it is accessible to them legally.
 

TYTX

Junior Member
Does that require me to go back to NJ? And I believe she is keeping a close eye on that car locked in the gate. Someone is going to have to break the pad lock off.
 

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