Suing the DMV

UPDATED: Oct 1, 2022

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Suing the DMV

My mother passed away, her brother stole her truck after she passed and went and registered the vehicle in his name with paperwork stating that it was sold to him 30 days after she passed. He passed 3 weeks after that. His daughter has now taken the truck and refusing to give it back. My father and I have been granted administers of my mom’s estate. How can we go about getting her truck back?

Asked on March 26, 2019 under Estate Planning, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue your cousin for conversion which is theft in a civil case. Your remedy is to seek a constructive trust, which will require your cousin to return the truck to your mother's estate. A constructive trust can be used to trace and recover stolen assets.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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