sibling not cooperating

[suri08648]

my father who was retired getting pension and receiving social passed away in 1-24-2016. in his will he left the house and other assets to my brother who lived with him with his family and his daughters CDs. recently i found out the car that father used to drive and paid by my father was also under my brothers name and another car which my brother was driving was under my father's name and my brother as a co-buyer. my brother refuses to give half of the money for the car to my father's estate ... he said that he is the one who was paying for the car he only added my father's name for the insurance purposes only. i believe anything that has my father's name and he didn't put it down in his will should go to his estate no matter who's account the money came out. since there is one my father's checking account, my brother was as POD. my brother said since this account had his name it belongs to him but car where my father is listed as owner should also go to him because he paid for it.

I need to know what i can do legally to bring this car to my father's estate.

Thanks for your help

 

[commentator]

Why? You need to think long and hard about your motivations here.

 

[Silverplum]

Name of your US state?

 

[suri08648]

Name of your US state?

"New Jersey"

 

[Zigner]

my father who was retired getting pension and receiving social passed away in 1-24-2016. in his will he left the house and other assets to my brother who lived with him with his family and his daughters CDs. recently i found out the car that father used to drive and paid by my father was also under my brothers name and another car which my brother was driving was under my father's name and my brother as a co-buyer. my brother refuses to give half of the money for the car to my father's estate ... he said that he is the one who was paying for the car he only added my father's name for the insurance purposes only. i believe anything that has my father's name and he didn't put it down in his will should go to his estate no matter who's account the money came out. since there is one my father's checking account, my brother was as POD. my brother said since this account had his name it belongs to him but car where my father is listed as owner should also go to him because he paid for it.

I need to know what i can do legally to bring this car to my father's estate.

Thanks for your help

Ok, there are two cars in question: One that you say your father used to drive but is "...also under my brothers name...". What, exactly does that mean?

In other words, EXACTLY how are the vehicles titled?

 

[suri08648]

Why? You need to think long and hard about your motivations here.

"I'm the executor of my father's will and its my job to bring all the assets to Estate prior to equal distribution"

 

[suri08648]

Ok, there are two cars in question: One that you say your father used to drive but is "...also under my brothers name...". What, exactly does that mean?

In other words, EXACTLY how are the vehicles titled?

"my brother's name is on the 1st car and second car has my father's name"

 

[Zigner]

"my brother's name is on the 1st car and second car has my father's name"

In other words, your brother owns the first car outright with no other names on the title, so it has nothing to do with this question.

How, EXACTLY, is the second car titled?

 

[HighwayMan]

"my brother's name is on the 1st car and second car has my father's name"

Why are you putting all of your statements in quotes?

 

[Zigner]

my father who was retired getting pension and receiving social passed away in 1-24-2016. in his will he left the house and other assets to my brother who lived with him with his family and his daughters CDs. recently i found out the car that father used to drive and paid by my father was also under my brothers name and another car which my brother was driving was under my father's name and my brother as a co-buyer. my brother refuses to give half of the money for the car to my father's estate ... he said that he is the one who was paying for the car he only added my father's name for the insurance purposes only. i believe anything that has my father's name and he didn't put it down in his will should go to his estate no matter who's account the money came out. since there is one my father's checking account, my brother was as POD. my brother said since this account had his name it belongs to him but car where my father is listed as owner should also go to him because he paid for it.

I need to know what i can do legally to bring this car to my father's estate.

Thanks for your help

The checking account belongs to your brother because it was titled that way (Payable on Death). In other words, the account was specifically structured so that the funds became your brother's upon your father's death.