Unauthorized vehicle use after death...

[mar4408]

My mother recently passed away in Florida. She had been living with my sister through her illness. Long story short, my mother had a boyfriend for 5 years. Everything was in her name ie, cars, home, insurame etc...

Her will lists us (her four daughters) as equal beneficiaries. We have asked the boyfirnd to return the car to us however her is refusing. The police state he has no rights but it is a "civil" matter and until the will is probated the can't do much. He is threatening to damage the car... What are our rights to have it removed from his custody?

How can he legally retain a car with no rights to it. Does he have rights if he made 2-3 payments over the years. He did drive it often while she was alive however, its soley in her name and I am assuming now ours? Is this right?

Thank you. BTW... the car is registered in South Dakota where she owned a home. (only in her name)What is the name of your state (only U.S. law)?

 

[Zigner]

I would suggest that someone starts the probate proceedings ASAP.

 

[ecmst12]

While it is important to get ownership straightened out, consider what it would cost to get the car back from the boyfriend and transport it to whereever you are or sell it, versus what the car is actually worth. If it's an older car and not anything special, it may be better in the "big picture" to just give him the car after probate is done and have him register and insure it in his own name.

 

[startedone]

If they both used the car then he'll have a hard time saying its his.

 

[tranquility]

He doesn't have to say it's his, but the owner will have to make a claim to the vehicle.

Since the estate is the owner and it does not have a person representing it yet, the only way to get the car back is to open probate.

As zigner said:

I would suggest that someone starts the probate proceedings ASAP.