Legal Question in Wills and Trusts in Michigan
Who controls an estate that doesn't exist?
Ugh, a nightmare this is. My mother passed away, and my vehicle was in her name for insurance reasons. Through all the drama and stress of her passing, my 3 sisters and I forgot to transfer the title of the vehicle to one of us.
It is my main vehicle, and I managed to get it towed, parking on the street I have parked on for a year and a half straight. The police require the registered owner to sign for it. I was told the death certificate and registration would be enough, but when i went to get the car, they said I needed proof that I control the estate.
There was never an estate. My mother left with basically nothing, the car in her name, and a dog, thats literally it.
What do I have to do to prove that I (or one of my sisters, or...SOMEBODY) controls the things in her name? Through some simple research i've found a small estate affidavit, which could take months. This is a time sensitive situation, since the car is sitting in impound, and I'm being charged for it every single day it's there. The police are absolutely no help whatsoever, oddly enough.
My wife remembers my mother having a living will, but none of us can seem to find it.
I appreciate any help or advice, truly!
1 Answer from Attorneys
Re: Who controls an estate that doesn't exist?
It sounds pretty simple to me. You need a death certificate and the original title. Go to the secretary of state office. Tell them she passed, you are her child and here is the title and death certificate. They will transfer the title to you, you reregister it, and bring all that to the impound yard. I think that might just work. If you need assistance, contact me at www.kliszlaw.com to discuss. Tim Klisz
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