Legal Question in Wills and Trusts in Pennsylvania

The previous owner of our house passed away in February of this year. The executor of his estate asked us if she could keep his car parked in the driveway until she figured out what she had to do with it. We said yes thinking it would be a couple weeks to a month, which was no big deal. We are nice people. 9 months later, we have asked her multiple times to get the car off of our property, and she has not and will not because she claims she doesn't know what to do with it right now. The car is uninsured and the plates are still on it because she never turned them in. It is illegally parked in our driveway and she refuses to do anything. My husband are and I are terrified we can get in trouble for this. What can we do? Is there anyone we can call to turn her in or that can get her moving? Is there anything LEGAL that we can do with the car ourselves?


Asked on 11/05/12, 1:36 pm

1 Answer from Attorneys
Rachel Hunter

What problems could you and your husband possibly get in? You do not own the car. The car is not registered to you nor are the license plates to the car.

Are you sure that an estate has been probated and that this woman really is the executor? Make sure - contact the probate court (called the Orphans' Court if this is in PA) in theg county where the deceased lived prior to his death and make sure than an estate has been opened. If so, find out the name of the executor. If it is not the woman, then contact the executor. If no estate has been probated, its not your responsibility. In such case, you will have no choice but to write to the woman or any other next of kin.

Send the letter via certified mail, return receipt requested. Advise that the woman or executor is to arrange for removal of the vehicle within 30 days. Advise that if the car is not removed, then it will be deemed abandoned. If you receive no response and the executor or woman does not take steps to remove the vehicle, then follow the directions for disposal of an abandoned vehicle and contact the PA DMV.

Here is a link to a helpful fact sheet:

http://www.dmv.state.pa.us/pdotforms/fact_sheets/fs-davp.pdf

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Answered on 11/06/12, 5:16 pm


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