my mother had no will.

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Old Aug 25th, 2009, 07:59 PM   #1
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Default my mother had no will.

My mother passed away with no will. In her possessions she owned a car registered under her name. My mother had a commonlaw boyfriend (of 10 years) I called him my stepdad. So when my mother passed he kept the car. I was told the registration was renewed under her name after her passing. About 14 months later my stepfather was hospitalized due to poor health, (kidney infection, diabetic, leg amputation, infection in lungs.) He then passed away at the hospital 3 weeks ago. My mother had a cousin she called her sister , only because they grew up in the same home. when my stepfather passed away she claimed all of his belongings, including my mothers car. Now, can she keep my mothers car, are there any laws on that. Am i not suppose to recieve that car? I recieved my mothers house and belongings. Can my aunt switch the registration over to her name, because my mother is deceased? Do i have any chance fighting for it?
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Old Aug 25th, 2009, 09:16 PM   #2
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Default Re: my mother had no will.

My sincere condolences on the both of your losses. This situation is governed by state law, so without knowing your jurisdiction I cannot really comment with any specificity. This is a complicated scenario with the involvement of your mother's cousin, so the bottom line is you absolutely need to speak with an estate and probate attorney just as soon as possible. WLD has affiliated lawyers all over, so I would urge you to go to their main page. Contact them and request a referral. That is the only way to know with certainty where you stand in all of this. AJJ
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Old Aug 27th, 2009, 10:32 AM   #3
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Default Re: my mother had no will.

This should have gone to Probate back when your mother died.

You are your mother's next of kin, with your mother's cousin (not sister) taking a back seat.

Unless she had been appointed your mother's Personal Representative, she has no legal ground to keep the car or register in her name. Someone needed to have signed over the title and since both previous owners are dead, she is guilty of some violation of the law. I wonder how she was able to title it and register it in her name.

If your mother's boyfriend and she were never married, they do not have community property. Did this man die intestate too, or did he leave a Will, leaving his possessions to the cousin?
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