Legal Question in Wills and Trusts in California
My sister passed away suddenly and had no plans in place in the event of her death. Her assets are worth way less than $150,000; however, she drove a car that belongs to both of us and my name is on the title. The car is paid in full and there is no Lien on it. My sister's adult son is her only child and she does not have a spouse. Her adult son is the next of kin and expects to keep the car. I want my car back and he has no intention of giving it back. We both live in Southern California so what are my rights and what is the process for claiming my car? My sister and I are both equal owners and there are no 'In The Event of Death' stipulations. My nephew's name is not associated with the car in any way.
2 Answers from Attorneys
If you and your sister are joint owners on the title, (designated by OR between your names I believe) it is now your car. If you have the pink slip, you can go to the DMV with a death certificate and have it transferred into your name alone. This is where is gets tricky, however; if your nephew still refuses to turn over the vehicle, the next step would be to report it stolen to the police. Perhaps the threat of this will bring him to his senses. I'd get the title in order first though, if I were you. (NOT LEGAL ADVISE!)
It's not necessarily theft - it's theft if he wasn't in legal possession of the vehicle. If he was using it with the consent of his mother, then he had legal possession. This is more likely to be considered as conversion, which is the civil form of theft. You could sue him for up to $10,000 in Small Claims Court if he doesn't return the vehicle.
Having said that, a call to the police (not 911, it's not an emergency) may help, as an officer may be able to persuade him to turn the vehicle over to you.
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