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I bought my friend's 1987 pickup truck two years ago. It had many issues making a smog certification difficult, so she kept it in her name while we paid insurance (on HER policy, listed as a driver), maintenance and registration. Now she unexpectedly died, before we could retitle the truck in our name. Her elderly parents are here sorting her affairs and are demanding we allow them to store the vehicle until California's 40 day probate delay is satisfied. Since I own the truck (I have written proof), but they have title, are they legally able to take possession from us before the 40 days? They said they do NOT want the truck, they just don't want to be liable for any damage or injury from a potential accident.
Please spare the insults and snide remarks, we are fully aware this was not the smartest route to take in obtaining this vehicle. It was an agreement between friends who trusted each other.
We're looking for someone who has knowledge as opposed to personal opinions.
OP...Whomever's name is on the title is the legal owner. You'll need to show paperwork and insurance policy to the probate lawyer and have him/her arrange transfer over to you if the situation is as you say. Since it's in probate it cannot be released until the judge declares and probate is over and satisfied.
PS. The grandparents are only protecting themselves since they probably have inherited the vehicle. You should ask for a contract that says you get it after probate. Possibly need a lawyer if it gets too complicated.
The parents have not inherited the vehicle, it is ours', bought and paid for, and not in any will. Her father has stated three times he knows it's ours, he just doesn't want it on the road until we can transfer.
The parents have not inherited the vehicle, it is ours', bought and paid for, and not in any will. Her father has stated three times he knows it's ours, he just doesn't want it on the road until we can transfer.
Whose name is on the TITLE? If the title is not in your name then you are not the legal owner in the eyes of the law. If the name on the title is the name of the deceased and the grand parents are the heirs to her estate then they are correct in holding it in probate until ownership can be transferred and verified. The judge will decide that. The grandparents will have to tell the judge that you get the car.
If you bought and paid for it then why was the vehicle not re-registered in your name in the 1st place and a new title issued to you?
The parents have not inherited the vehicle, it is ours', bought and paid for, and not in any will. Her father has stated three times he knows it's ours, he just doesn't want it on the road until we can transfer.
Without a title you're not the legal owner. Unless you're using the truck I'd keep things civil and store the truck at a place of my choosing until the probate deal is wrapped up.
Or call your insurance company and take out a policy on the truck in your name and work something out with the grandparents.
The parents have not inherited the vehicle, it is ours', bought and paid for, and not in any will. Her father has stated three times he knows it's ours, he just doesn't want it on the road until we can transfer.
That may be true, but the legal owner is whoever's name is on the title. As far as probate is concerned, the legal owner was your friend.
The parents have not inherited the vehicle, it is ours', bought and paid for, and not in any will. Her father has stated three times he knows it's ours, he just doesn't want it on the road until we can transfer.
And can you blame them?
You can't legally operate it anyway as the auto insurance is no longer valid (as I understand you were on the deceased policy), and should *YOU* do something stupid with the vehicle, it will Legally be their nightmare/headache.
You own the physical item, they own everything that allows it to be used on public roads. You're more than free to drive it on private property (a.k.a. "Farm truck"), but not on public roads. If you're caught doing so against their wishes, it can see tickets issued to you, the vehicle impounded, and possible court/jail time (depending on how the judge is feeling, more likely just a few hundred/thousand in "court fees"). Think of it like TV... there's the physical device you buy and look at (the truck in this case), and the Service you rent through cable/sat for content (public roads). You own the device but not the legal use, and can't obtain the legal use without the title in YOUR name.
They just lost a daughter and have to deal with a LOT of sht right now. Stop adding to their headache and respect their request. They hold all the cards from a legal standpoint and there's nothing you can do about it.
Your question is too narrow and complicated for the type of advice the Internet could give you. You need to talk to a lawyer, you don't need a big firm for simple matters like this, any reputable Bill & Joe, P.C. Probate Lawyer should be able to answer these kinds of questions as probate laws are governed by states. When you research a firm be sure to see where they went to school and when they graduated. CA doesn't require schools to be accredited so make sure they went somewhere reputable.
I bought my friend's 1987 pickup truck two years ago. It had many issues making a smog certification difficult, so she kept it in her name while we paid insurance (on HER policy, listed as a driver), maintenance and registration. Now she unexpectedly died, before we could retitle the truck in our name. Her elderly parents are here sorting her affairs and are demanding we allow them to store the vehicle until California's 40 day probate delay is satisfied. Since I own the truck (I have written proof), but they have title, are they legally able to take possession from us before the 40 days? They said they do NOT want the truck, they just don't want to be liable for any damage or injury from a potential accident.
Please spare the insults and snide remarks, we are fully aware this was not the smartest route to take in obtaining this vehicle. It was an agreement between friends who trusted each other.
We're looking for someone who has knowledge as opposed to personal opinions.
What DO you have, in terms of documents? A bill of sale but no title?
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