My father passed away, i'm only next kin, vehicles had lein holders, help please (appointed)

[CATHERRMAN87]

Ok here goes, my father passed away and it was unexpected he was only 42, not married and he lived in the state of California. I was his only child and I lived in the state of Washington. My aunt calls and tell s me he is dead and I need to pay for cremation and come and id the body. Five days later come do the services and get to talking vehicles she says, "oh no im keeping his truck I am lein holder for $4,000, she refused to let me take his truck with the knowledge i'd have no way of getting his boat or tools that way. What are lien holders rights? Shouldn't here and I have created a contract? I've began my cival law suit now so just trying to get some input.. oh failed to mention I started getting my items and she illegally sold my truck just 20 days after beginning collecting my property what do I do??? She kept all vehicle money.

[smokingGun]

Sorry for your loss, my condolences. I'm afraid that unless he had a living trust (kind of unlikely at age 42) you need to contact a probate attorney to initiate legal proceedings to settle his estate. Unfortunately this does entail some out of pocket costs upfront (which you'll be reimbursed later from the proceeds of the estate). As the only heir you'll most likely be appointed sole administrator, but just be aware there are court appearances that will require you to fly in for. I forget if administrators of probate estates are allowed to withdraw from a decendent's bank account for expenses, or whether all costs are reimbursed on closing. You'll have ask the attorney about that.

[Big-Bucks]

Demand receipts for everything. Tell her that as administrator you will follow up on everything. Maybe that will scare her into being honest.

[NyWriterdude]

Yeah you're going to have to probate his estate. Especially if he had bank accounts, property, etc.

[Electrician4you]

Originally Posted by CATHERRMAN87

Ok here goes, my father passed away and it was unexpected he was only 42, not married and he lived in the state of California. I was his only child and I lived in the state of Washington. My aunt calls and tell s me he is dead and I need to pay for cremation and come and id the body. Five days later come do the services and get to talking vehicles she says, "oh no im keeping his truck I am lein holder for $4,000, she refused to let me take his truck with the knowledge i'd have no way of getting his boat or tools that way. What are lien holders rights? Shouldn't here and I have created a contract? I've began my cival law suit now so just trying to get some input.. oh failed to mention I started getting my items and she illegally sold my truck just 20 days after beginning collecting my property what do I do??? She kept all vehicle money.

You need a lawyer because if your dad had no will/trust the estate has to go through probate. That's where she can go and prove that she was a lienholder on the truck. What she did was illegal. It's theft. Unless she was the executor, which still means you follow the will/trust directions. You can't just do what you want.
Unless the registration named her as lienholder AND she had a legal right to repossess and then sell the car it's hearsay. Even if she was the lienholder she can't just take the vehicle. The vehicle is STILL your dads property. The bank isn't going to come repossess a house if you die. There are certain processes before that was to happen. Same with a car. Is there a private loan paperwork showing her loaning the money. Is there ANY proof that she gave your dad the money to purchase the vehicle?
If no, then she illegally sold the vehicle. Probably falsified his signature. Which is fraud too. Contact the DMV. She cannot legally sell the vehicle. I mean she did but it was a illegal act.

My condolences about your dad