How can we obtain ownership of a car that was left behind by our loved one?

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How can we obtain ownership of a car that was left behind by our loved one?

The car is almost paid off (4-5months). The decedent’s name as well as her husband is on the title. Her husband is incarcerated for her homicide. He and his family are trying to reclaim the car and my family fears that he will use the money to try and hurt our family again. We are currently using the car to transport her surviving children as this is the car she had been using prior to her death. Any information will be helpful.

Asked on April 9, 2013 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation as it is.  More information is really needed here to fully help with the matter but unless the car had been given to her in a divorce proceeding or otherwise it appears that it is her husband's now since he is on the title of the car.  Please speak with an attorney about the matter in full and guardianship of the children as well.  Good luck.


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