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-   -   What do I do about my car being in my father's name, he passed away 2mths ago? (https://www.askmehelpdesk.com/showthread.php?t=47343)

  • Dec 8, 2006, 08:43 AM
    Julie25
    What do I do about my car being in my father's name, he passed away 2mths ago?
    My car is currently in my fathers name. He passed away 2 months ago. I have talked to the bank and they first gave me options, 1.) buy it out 2.) Refinance 3.) return the vehicle.
    I was all set to go refinance it. Then my sister who has stolen all his assets and life insurance, says that they bank called and I no longer have any option of refinance or buying. I am really confused at what is happening. I think my sister is trying to be shady in the deal because she couldn't keep my dad's vehicle. I just need help in figuring out what I should do next. How should I approach this matter with the bank? I don't want to lose my car.
  • Dec 8, 2006, 08:50 AM
    ScottGem
    The first question is whether your father died with a will. The second question is whether that will or the estate was probated. The third question is who was executor of the estate and does your sister have a power of attorney?

    Your sister cannot "steal" his life insurance. The life insurance goes directly to whoever was listed as the beneficiary. If she wasn't the beneficiary she has no right to the proceeds. As for other cash assets, the only way anyone can gent them from the bank is if they are joint tenants on the account, they have power of attorney or are the executor of the estate.

    The bad news is that, since the car is in your dad's name its part of the estate. Only the executor of the estate can sign it over to you.

    So you need to find out what's going on with the estate and maybe force a probate and accounting.
  • Dec 8, 2006, 11:15 AM
    Julie25
    Um, is there where I should follow up with more advice? I am new to all this.
    Ok, so do you have any more advice for me?
  • Dec 8, 2006, 11:33 AM
    ScottGem
    Yes

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