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?


Asked on 4/30/14, 5:31 pm

1 Answer from Attorneys
Eric Gold The Law Offices of Eric J. Gold, A Professional Corporation

You mentioned that your name is on title to the vehicle. You'll have to review the form of title to determine what comes next. Either title passed to you on your sister's death or her interest passed to her estate and you maintain your interest. A review of the document is necessary.

** LEGAL DISCLAIMER ** My response above is not legal advice nor it does not establish an attoreny-client relationship. When responding to questions posted here, I provide a general purpose response based on California law. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose.

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Answered on 4/30/14, 5:40 pm


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