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Title Fraud

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sissy25

Guest
What is the name of your state? Oregon

I am new but have a few questions. My father passed away on Thanksgiving and my sister and I went to settle his affairs in his state of Idaho. Once the funeral was over, we got down to the business of distributing his personal property. He did not leave a will so what he did have went to his children since my mother passed 2 years ago. He had remarried and my stepmom passed 6 months before my mother. My stepmom had raised a boy from an infant. His real mother told my stepmom "If you don't take this baby, I will abort". My stepmom could not have children so she took the baby home from the hospital instead of the real mother. My stepmom passed on my birthday in 2001.

In late September of that year, my father went into a hospital in Salt Lake City with a heart attack. While he was there, someone went into his home in Idaho and stole a bunch of tool, money and personal documents. When my father returned to his home, he was devistated. He also discovered that the titles to both of his vehicles had been stolen from his file cabinet. He believed it was my stepbrother and my stepbrothers son who took the items from the home. My stepbrother (not legally) is married to my cousin on my fathers side so my father did not want to press the subject because he loved his niece very much. He did confront my stepbrother about it but of course he denied everything and that was that. My father was in the process of filing for lost title when he passed.

I am sorry this is so long but it needs to be explained this way.

Anyway, my sister and I went to the DMV in Idaho to finish the filing of the papers for the lost titles and guess who had been there just an hour before we got there? Right, my stepbrother. He had both titles to the vehicles and had forged my fathers signature on them and was applying for the titles to be put in his name.
We were so shocked that we put a stop on both titles and went directly to the police department and filed formal charges of "Title Fraud" on my stepbrother. He is being investigated at this moment.

Now I recieved the letter from the Idaho Department of Transportation, Vehicle devision, and it says I have until Jan 19th to come up with a court order stating Why the titles should not be issued to my stepbrother. My sister and I both used our savings to go and take care of my fathers affairs and we don't have the money to run back and forth to Idaho to get this court order. The Detective working on the case says all the info is in the hands of the handwritting expert and that he is back logged with work.

So, I guess my question is, What can I do to get this court order so they don't issue the titles in my stepbrothers name. Do I wait for the police to arrest him for forgery?

I have possession of one of the vehicles here in Oregon as I am keeping it but the other one my sister and I gave the keys to our stepbrother because we are affraid of him and what he would do. We were alone at my fathers home and my stepbrother showed up demanding the vehicles and a bunch of other things that he had No Right to. We called the local sherrif and they came out. We agreed to let him take the one vehicle just to get him away from us. My stepbrother and his son both have records and we didn't want him doing something bad.

Anyway, any advise on this matter would be much appreciated.
 


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sissy25

Guest
I could really use some input here. Any advise would be great!
 

JETX

Senior Member
The issues raised in your post are complex and will likely require the services of an attorney to resolve.
I suggest you contact the Bar association in the county where it is happening and ask for a no- or low- cost referral to a competent attorney (probate or GP). In order to prevent this probable misjustice from occurring you are going to need to be proactive and get this done now.

And even though he died without a will (intestate), you can file a "Petition for Administration" per Iowa Code §663.229.
http://www.legis.state.ia.us/IACODE/1999/633/
 
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sissy25

Guest
HomeGuru said:
Input: please tell us the status of probate.
My apoligizes but I have no knowledge of the law and don't understand what this means.

My fathers estate didn't amount to more then about $5000 including the vehicles. The rest was just household furnishings.

As for the last post, It is in Idaho and not Iowa but thanks.
 
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sissy25

Guest
I do appreciate the replies but I guess I am just SOL. The hand writting expert said there were flaws in the signature but not enough for him to make a firm decision on whether it was forged or not. I guess that little SOB practiced ALOT and I am just going to have to take it to court on a cival matter. Guess I best find a Cheap lawyer of just let him get away with it.

Thanks again for your replies.
 

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