Legal Question in Family Law in Massachusetts

estate in turmoil

I have my fathers car in my driveway. It has been there since 2003 when he died and the house was deeded to me in 2005. Can I consider it abandoned property? I have the title and the keys in my posession. my father died without a will and my brother in florida is the adminsitrator of his estate but doesn't seem to be doing anything to close out the estate. is that not illegal to?


Asked on 11/11/08, 7:13 pm

3 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: estate in turmoil

My condolences on your loss of your Father.

If he was a Massachusetts resident when he died you may want to retain a Massachusetts attorney to seek to have yourself appointed administrator in place of your brother is he is not properly administering the estate. Good Luck!

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Answered on 11/12/08, 4:17 pm

Re: estate in turmoil

A car can be transferred to a realitive without going through probate. There is a form you can get from the RMV website and fill out.

As to your father's estate, I assume he was a MA resident and if he had an estate over $15,000 it should be administered properly and not as a small estate.

You have a number of options if the estate is not being handled properly.

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Answered on 11/11/08, 7:28 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: estate in turmoil

The car belongs to the estate. You can petition the court to remove the administrator and appoint you. If the title is in your name, it is yours totally. The same for the house.

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Answered on 11/12/08, 12:06 am


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