Legal Question in Wills and Trusts in California
Gaining Possession of a Vehicle!
My Dad passes away and had no will. I am the sole heir to his assets which is virtually nothing. A cousin of my dad's is owed money and is holding my dad's truck and won't tell me where it is. I bought the truck from the bank and it is registered to me, yet he refuses to tell me where it is. We went to small claims court today and the judge feels that it wasn't the proper court for the matter. She says it should go to probate court, but isn't that for large estates with large sums of money involved? This is only a truck that I rightfully own, and paid the bank for, please help!
2 Answers from Attorneys
Re: Gaining Possession of a Vehicle!
If your cousin has the truck and it is owned by you, meaning the certificate of title is in your name, he is converting your property. You should simply sue him for conversion of the vehicle. Since you say you bought the truck from the bank, I assume the bank repossessed and your father's estate should have nothing to do with it.
Re: Gaining Possession of a Vehicle!
go to the local probate court and file a small estate declaration. report the truck stolen and list your uncle as the suspect.
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