Legal Question in Wills and Trusts in California

My long term live in boyfriend was murdered, my car is in his name.....

On 3/9/08, my boyfriend of 7 years and the father of my two children, was murdered. My car is in his name, and now the car company is telling me that they have the right to take my car, even if I continue to pay the monthly bill and even if I pay it off. My boyfriend has no will, he was only 24 years old. I am lost on what I can do. I now am a single mom and I need my car to get to work. Can anyone help me?


Asked on 3/25/08, 1:25 pm

3 Answers from Attorneys

Jeb Burton The Burton Law Firm

Re: My long term live in boyfriend was murdered, my car is in his name.....

You need to speak to legal services. Your best option is to negotiate a solution with the car company. I would have to see a copy of the contract to tell you what the company's rights are in this situation, but my guess is that they are relatively accurate.

If you cannot afford an attorney, I would recommend going to your local legal aid office.

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Answered on 3/25/08, 2:12 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: My long term live in boyfriend was murdered, my car is in his name.....

Sorry to hear about your boyfriend. His car, however, will probably go to his children. You might be able to open an estate for them and then file a summary probate by declaration to get the car for them.

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Answered on 3/31/08, 12:33 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: My long term live in boyfriend was murdered, my car is in his name.....

You have no right to the car yourself. Under the law it belongs to his parents and child, if the parents are still alive. You have to probate the car by affidavit. I assume you mean the company that made the loan. His parents should be should be able to pay off the loan and keep the car. If his parents are dead, the car will have to be sold and the money set aside for your two children. What a mess. And people say marriage doesn't matter, "just a piece of paper."

Sorry for your loss. You may want to arrange a consultation at Bet Tzedek since you are in the LA office. It is a wonderful public interest law firm.

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Answered on 3/25/08, 9:13 pm


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