by lytedmc » Sun May 08, 2011 01:24 am
brother pass intestate had a secured loan he used his truck as collateral he left me beneficary on loan credit life insurance paid loan off gave me what was left the lender gave me the title the the clerk of court said i can not get the truck it goes to the wife but the wife was not left as the beneficary why will the insuracce pay off and the wife just get the truck for free she should have paid the lender to get the truck help!!!!!!!!
Posted: Mon May 09, 2011 01:20 pm Post Subject:
the clerk of court said i can not get the truck it
Generally, the Clerk of the Court has no authority to make any statements such as that. Only a judge can make such a pronouncement. When a person dies intestate, the court will decide who gets what, not the clerk. If you have a direct claim against any asset of the estate, you present your evidence of that to the court.
If the lienholder has passed title of the property to you, it is your property now, and anyone else who believes they have a claim against it must bring that claim in court against you, not the estate of a deceased person. If you believe you are entitled to the ownership of the vehicle and have the title in hand, you could go directly to the DMV and change all the paperwork to place the vehicle in your name. Or you could ask the court for guidance.
Who is acting as the Administrator of your brother's estate? That is, who was appointed by the court to wind down the affairs of your brother?
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