Father in law's death.

[JerryLynn]

Recently my father in law died after battling cancer. He and my mother in law had allowed his grandson to use their car to take them to the various places they needed to go due to my father in laws illness and mother in law not being able to drive. After the death of my father in law my mother in law told him he could drive the car until the end of the year but wanted it returned there after. Now her deceased husband's grandson will not return the car. Upon calling his mother several time (due to the grandson not having a phone or not returning calls) she says he wants to keep the car. My father in law had no will and bought the car only months before dying. I was told that my mother in law had to divide his estate (the car being the only thing the man owned) with his family. Is this true or she entitled to the car. She wants my husband to go get it but we do not want to ensue a fight. I might add my mother in law does not have the financial means to get a lawyer, has no money coming in and was going to sell the car to be able to pay her rent. The grandson does not want to buy the car, he only wants to keep it. HELP !! If this is posted on the wrong board, I apologize and any help will be appreciated.

 

[advisor10]

1-8-2002

DEAR JERRYLYNN:

The mother-in-law needs to file papers at the courthouse to become official administrator/executor of her husband's estate, which is a fairly simple matter/process. After she receives official authority to claim all his assets, she can send this grandson a certified letter asking him to return the car since it became an estate asset upon her husband's death (is the car paid for in full?). She should give him about a week to return it, and tell him he will face the prospect of being charged with theft if he doesn't return it, and then report it to the police. Hopefully that will be enough incentive for him to act responsibly.

You need to ask his mother to get him to return the car NOW, since he has no grounds for keeping it (what kind of creep would keep something that is not rightfully theirs!).

SINCERELY,

advisor