Legal Question in Wills and Trusts in Maryland

Vehicle titled to deceased

Family member deceased and as executrix I learned of a vehicle titled to only him. I can't report unauthorized/stolen according to state cops. Loan company won't repossess unless the payment falls behind and the person with the vehicle in possesion has huge criminal background. What are my rights on getting vehicle back so I can cancel insurance and return it to the bank? Sheriff told me I need civil lawyer to get writ of repliven?


Asked on 9/27/07, 11:02 pm

1 Answer from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: Vehicle titled to deceased

If I understand the facts, the decedent owned a vehicle and the person in possession of it won't return it. Have they explained why? If, for example, the decedent leased the vehicle to that person in possession, depending on the terms of the lease, it could survive the death of the lessor. Assuming that's not the case, replevin is the correct action to file. Here is what the MD District Court web site has to say:

http://www.courts.state.md.us/district/forms/civil/dccv04br.html

Note the section where it states that you do not necessarily need a lawyer to file this claim for you. If you feel confident in your ability to explain the situation before a judge, you may choose to proceed on your own.

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Answered on 9/28/07, 4:40 pm


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