Legal Question in Wills and Trusts in North Carolina

vehicle title

As executive of an estate, I did not have the title to the deceased motor home. I applied for a duplicate title and had the motor home titled to me. A brother somehow obtained the original title and took the motor home and had it retitled in another state. I have called the Department of Motor Vehicles in the state he obtained the title and they say I don't have the authority to obtain a copy of the original title. North Carolina Department of Motor Vehicles have informed me that I have the legal title. I think the original title was forged and notarized after his death. Is there any way I can obtain a copy of the original title? Is it possible for me to obtain a court order to get a copy of the original title?

Asked on 9/12/05, 2:37 am

1 Answer from Attorneys

Dan Brady Brady, Nordgren, Klym & Morton, PLLC
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Re: vehicle title

If the property was titled in the deceased name at the time of his death and you were appointed executor of the estate, title vests in your name, as executor. No other person can change the title. However, if the deceased signed the title over to another person prior to death, the property would belong to the other person. In that event, you will likely have a forgery question if you are not satisfied with the decesed signature. That question can be decided by a jury if you bring an action against the forger.

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9/12/05, 9:11 am

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