I need help in contesting a will.

undefinedWhat is the name of your state? I live in California, as did the person who left me a new BMW car. After my friend's death, his sister came (as the executor of the will) from Arizona, and two days later drove my new BMW back to Arizona, and I have never seen the car again. How many years do I have to contest the action, and how would I do it? Thank you for your help. jRon Tank.

[JETX]

Originally Posted by Ron Tank

undefinedHow many years do I have to contest the action, and how would I do it? Thank you for your help. jRon Tank.

First things:
1) Is the vehicle in your name?
2) If not, then what makes you think this is 'your' vehicle?
3) When did this happen?

[Dandy Don]

Have you seen the will (or gotten a copy from the county courthouse) to confirm that the car was what you were supposed to receive from the will or did the friend merely tell you in advance of the death that he was going to give it to you?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[nextwife]

IS there even a will filed?

[Dandy Don]

When did the death occur and when did she get the car? You shouldn't be waiting "years" to do anything about this, because you probably have less than a year after probate closes to do anything. You should be working on this now.

As this situation occured three years ago, I suspect that I probably have no recourse by now, I went to the court house for some months, but found no will, although the coroner told me personally that the will was in the possession of the county, but I could'nt find it. By now I suspect that the statute of limitations have left me with no chance, what do you think. And yes I was listed as the person to get the car after his death. If I had found you folks earlier, I went to an attorney, but his response to my questions were vague. Any further help would be appreciated, this is a fine forum, I will remember it. Thanks, Ron.

[Dandy Don]

Don't just automatically give up.

You should be getting another opinion from another probate attorney. The attorney will probably know where to look to see where and if the will was filed or at the very least could question the coroner to get him to give more details about what he knows..

It looks as if this sister has deliberately withheld filing the will, which is most improper and probably illegal. Your attorney can file to be adminstrator of the estate (sister's mistake was in not filing herself to be administrator--she has no authority to dispose or handle any of the assets since she is not the administrator, but she probably doesn't know that) and then get the car awarded to you.

Administrator can also ask the judge to order sister to produce the will. You should hope and pray that she still has it--if she doesn't, then whatever is left in the estate is going to go to this man's wife and children, if he has any, and if he has neither of those, then it's going to his children. Even if sister has sold the car you can file suit to show she did it without legal authority and she must either get the car back from the person she sold it to and refund their money, or she owes YOU repayment for the value of the car.

You say you "were listed to get the car after his death"--listed where, in the will?

DANDY DON IN OKLAHOMA

Thanks to all of you who wrote back to me, I will pursue the matter as suggested by you folks, and again thanks for your help.