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Old 12-15-2013, 03:32 PM
 
125 posts, read 505,137 times
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We closed on a home that was in probate and left to an estate, there were two cars in the garage that were left by the deceased person. Are they now ours? We are located in FL what are the laws on this?
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Old 12-15-2013, 05:24 PM
 
11,642 posts, read 23,909,503 times
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Ask a lawyer.
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Old 12-16-2013, 12:01 AM
 
4,787 posts, read 11,759,960 times
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The cars belong to the estate. Cars are personal property, not real estate. Were they were included in the sales contract for the house as property being sold with the home ? If not, contact the estate ( that would be the seller of the house) and tell the estate to get them out of there.

If for some reason, they want you to have the cars and left them there deliberately, then you need to have the estate get you the titles, legally transfer them to you, etc. You know the dance. Without the right paper work, not much you can do with the cars.
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Old 12-16-2013, 09:11 AM
 
Location: Broward County FL
652 posts, read 1,653,064 times
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Quote:
Originally Posted by willow wind View Post
Without the right paper work, not much you can do with the cars.
Right, they have a title is someone else's name. If that person passed it does not mean the cars are youre. The most you can do is have them removed from your property I would think., but contact the estate you purchased the home from.
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Old 12-16-2013, 09:55 AM
 
16,376 posts, read 22,483,864 times
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If you really want them, you should research the values and offer money to the estate to buy them. It might be easier for the estate. You would need to get the titles. Then you could choose to sell them or keep them.
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Old 12-16-2013, 06:44 PM
 
Location: Sarasota FL
6,864 posts, read 12,078,177 times
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You have to find out if the cars are part of the estate. Who owns the cars, whose names are on the titles, who has the titles. If not part of the estate, the cars might belong to a third party that was storing the cars and don't know there is an estate. You can't sell the cars because they are not yours to sell because you don't have titles. You can have them towed but the tow company is going to want to know who owns the cars for storage billing. Do you want to pay for the storage? If not, leave them in the garage until you can straighten out the legal ownership mess. If there is an old expired plate on the cars, maybe the tax collectors office can give you the name of the last registered owner and go from there. If no plate, they might be able to do a VIN search.
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Old 12-16-2013, 06:51 PM
 
Location: it depends
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I think an old Latin phrase describes the appropriate legal remedy: Finders Keepers, Losers Weepers.
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Old 12-17-2013, 04:30 PM
 
Location: Sunny South Florida
8,070 posts, read 4,745,387 times
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Yeah, my first thought was "How do you 'forget' CARS when you sell a house?" I didn't even leave my broom and dustpan for the buyers of my old house.

They may very well know they are there and just want someone (you) to keep an eye on them. If the cars were to be damaged or stolen from your property, they might sue you, so I'd get a lawyer to get them to clarify just what is going to be done with those cars. You may even want to charge them for storing the cars for them.
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Old 12-17-2013, 06:45 PM
 
17,307 posts, read 22,039,209 times
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Quote:
Originally Posted by DanielAvery View Post

They may very well know they are there and just want someone (you) to keep an eye on them. If the cars were to be damaged or stolen from your property, they might sue you, so I'd get a lawyer to get them to clarify just what is going to be done with those cars. You may even want to charge them for storing the cars for them.

Ummmm no.....while you might be able to score $35 a day in storage you are certainly not liable for the cars or their condition. They would have to document that the cars were there, left in perfect condition and that you had a contract (verbal or written) to take responsibility for them.
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Old 12-17-2013, 07:06 PM
 
515 posts, read 1,348,101 times
Reputation: 564
If the cars are on what is now your property without your consent and no prior arrangements were made for them during the sale, you're well within your right to have a tow company come and take them away.

The cars do not automatically become yours. If they have been abandoned then you have to follow the proper legal processes to take legal ownership of them and/or file your own lien. Also, if you are given ownership of the vehicles, you will be responsible for satisfying any liens that are currently in force.

I also suggest contacting an attorney. The only thing that is certain is that you can't sell or register a car unless the title is in your name.
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