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?
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?