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Car owned by deceased family member

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by TJT94, Oct 3, 2022.

  1. TJT94

    TJT94 Law Topic Starter New Member

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    My brother passed away in June 2020 without a will. He left behind a car he owned but it doesn’t run and is currently at my residence. According to the courts, his father, because he paid for the funeral, is the person who must fill out forms to take ownership of the vehicle, however, he refuses to take action and will not take possession of the car as he disagrees it’s his responsibility. What action can I take in order to dispose of this vehicle?
  2. Zigner

    Zigner Well-Known Member

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    Before we go further, please explain what you mean by "According to the courts, his father, because he paid for the funeral, is the person who must fill out forms to take ownership of the vehicle..."

    How are the courts involved in this matter?
  3. army judge

    army judge Super Moderator

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    If a person is named in a will, or inherits by intestacy, said person isn't legally required to accept the inheritance.

    Yes, a person can simply say, "No thanks, I don't want anything."

    What happens to the stuff?

    It is divided among the heirs who do desire to inherit the stuff.

    Furthermore, spouses aside, no person is required to pay the debts of a deceased relative.

    As far as the inoperable junk car, that has been abandoned on your property two years after the demise of your brother, read this:
    Ohio abandoned vehicle law
    Just like abandoned houses, the Ohio statutes for abandoned vehicles list several criteria. Let’s take a look.
    What qualifies as an abandoned vehicle in Ohio?
    According to Section 4513.63 of the Ohio Code, you cannot leave a vehicle on someone’s property without permission for more than 72 hours. If a vehicle is left on a public road, highway, or public property for more than 48 hours, it can be considered abandoned.
    These rules also apply to junk vehicles. To be classified as an abandoned junk vehicle, the vehicle must meet all the following requirements:
    Has been left on private property longer than 72 hours, or on public property for more than 48 hours
    Is three years old or older
    Is extensively damaged (i.e. missing wheels, doors, or mechanical parts)
    Is apparently inoperable
    Has a fair market value of $1,500 or less
    What happens to abandoned vehicles in Ohio?
    Any vehicle in Ohio that’s been deemed abandoned will be photographed by law enforcement, and details like make, model, serial number, and details of damage will be recorded. The vehicle will then be taken to a salvage yard or scrap metal processing facility.
    Law enforcement will keep records of the confiscated vehicles for two years. Anyone who is caught abandoning a car can be charged with a misdemeanor.

    The Basics of Ohio Abandoned Property Law | GetJerry.com

    Now, do as described above!!!

    Start by calling your local law enforcement agency about the abandoned vehicle.

    The officer or deputy responding will know how to address the matter according to Ohio law.
  4. adjusterjack

    adjusterjack Super Moderator

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    Same question. Who told you that?

    It's probably wrong.

    Anybody can ask the court for an appointment as representative of the estate.

    Since you have possession and nobody else wants to get involved, that's likely to be you.

    Here's some information about Ohio small estates. There is a link to the statute. Your local court should have forms. If not, find the website of a larger county's probate court.

    Small Estates In Ohio | Probate Stars

    The alternative, if the only issue is the car, you may be able to treat it as abandoned or junk and have it removed. See ORS 4513.63.

    Section 4513.63 - Ohio Revised Code | Ohio Laws

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