Legal Question in Wills and Trusts in New Hampshire
My brother died in Nov 2009. He was 43 years old with no spouse, no children and still lived with our Mom. He had Mom's name on his accounts and she was beneficiary to his 401k, IRA etc. The only thing we forgot is his car. It is in his name only, there is no lein, and we have the title. He lived in New Hampshire. Is there any way we can avoid probate. For example: Is there a length of time where we can claim posession.
1 Answer from Attorneys
This doesn't work all the time, but it's worth a shot. IF the title to the car is in brother's name and the address on the title matches the address where he lived with Mom, you may be able to take the death certificate and title to the DMV and claim that it was a "family purpose" vehicle which both he and Mom used. You can request that they put the title in Mom's name.
If that doesn't work, you'll need to go through an abbreviated probate process.
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