Legal Question in Wills and Trusts in North Carolina

Did the cousin die with or without a will? If without a will, then everything goes to the cousin's spouse (if married) and children. It doesn't matter what the cousin's mother thought his best wishes were. That is why people write down their wishes in documents called "wills." If the cousin was so thoughtless as to not make a will, then it is your cousin's fault.

You can buy the jeep from the cousin's estate if the mother wishes you to have it if it is necessary for the estate to raise cash to pay estate debts.

As to whether the uncle can charge storage fees, you relate no relevant information. When did cousin die? Where? In NC? My answer is premised on NC law and that is what I cited below. However, different states have different laws and if the estate is pending somewhere else and/or if the jeep is stored on land in another state the answer could change.

Unless uncle stores/repairs motor vehicles as described below, he has no right to charge for past storage. However, what he needs to do is immediately tell the personal representative, in writing, to get the jeep off his property in 10 days or else the vehicle will be removed.

Now, if the uncle and the personal representative agree to permit the jeep to remain on the property for a set fee per day, that is something they probably can do. There needs to be a written contract. If uncle is not in the business of storing stuff he is going to need to find out what a reasonable fee would be.

� 44A-2. Persons entitled to lien on personal property.

(d) Any person who repairs, services, tows, or stores motor vehicles in the ordinary course of the person's business pursuant to an express or implied contract with an owner or legal possessor of the motor vehicle, except for a motor vehicle seized pursuant to G.S. 20-28.3, has a lien upon the motor vehicle for reasonable charges for such repairs, servicing, towing, storing, or for the rental of one or more substitute vehicles provided during the repair, servicing, or storage. This lien shall have priority over perfected and unperfected security interests. Payment for towing and storing a motor vehicle seized pursuant to G.S. 20-28.3 shall be as provided for in G.S. 20-28.2 through G.S. 20-28.5.

� 20-137.9. Removal from private property.

Any abandoned or any derelict vehicle in this State shall be subject to be removed from public or private property provided not objected to by the owner of the private property after notice as hereinafter provided and disposed of in accordance with the provisions of this Part, provided, that all abandoned motor vehicles left on any right-of-way of any road or highway in this State may be removed in accordance with G.S. 20-161.