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Probate and the cops

Discussion in 'Estate Administration & Probate Court' started by jrdnoland, Dec 2, 2020.

  1. jrdnoland

    jrdnoland Law Topic Starter New Member

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    Jurisdiction:
    Ohio
    My brother passed away on thanksgiving day. He didn't own much and didn't have a will. I called the summit county probate division to see what I would need to do. One of the items I need is the title to a car he owns. My sister stole his title and gave it to the new franklin police. The police refuse to give it back until it is probated. Unfortunately I need the title to appear in probate court and also to determine the current value of the car.

    Besides hire a lawyer what can I do to get the title from the police?
     
  2. Zigner

    Zigner Well-Known Member

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    You don't need the title to the vehicle to begin probate.
     
  3. jrdnoland

    jrdnoland Law Topic Starter New Member

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    But I don't know what the value of the car is worth. I need at least a copy of the title to determine
    it's value, to apply for the right type of probate.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    If you know the year, make, and model you can find the approximate value at Kelley Blue Book, NADA, or Edmunds. All have websites. If you don't know the mileage, you can guesstimate it for the time being.
     
  5. jrdnoland

    jrdnoland Law Topic Starter New Member

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    I don't know the year of the car. I don't understand why the cops won't even give me that information.
     
  6. flyingron

    flyingron Well-Known Member

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    Do you have access to the car? Do you have the license plate number?
     
  7. army judge

    army judge Super Moderator

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    The police may have discovered an anomaly or other issue with the title you allege they possess.

    The police MIGHT be investigating something that involves the car.

    I find it unusual that your sibling delivered the title to the police.

    I suspect your sibling has the answers to things that bewilder you.

    If you have the current registration for the vehicle, that'll provide you with the VIN, make, model, and year of the vehicle.

    You will also find the information you seek from the auto insurance card one carries on his person or in his vehicle.

    Do you know where the vehicle is being stored?

    Who has possession of the vehicle?

    Did your dad direct the person in possession of the vehicle to take it?



    If dad has a small estate In Ohio, probate may not be difficult.

    An Ohio estate qualifies as a small estate if the value of the probate estate is: $35,000 or less; OR. $100,000 or less and the entire estate goes to the decedent's surviving spouse whether under a valid will or under intestacy.

    You can use the simplified small estate process in Ohio if: The estate is worth less than $5,000 or someone paid funeral and burial expenses (up to $5,000) and asks the court for reimbursement.

    You can start here:

    Free Ohio Small Estate Affidavit Form | Application for Summary Release From Administration - PDF | Word | eForms – Free Fillable Forms




    How? This website reveals how:

    How to Handle a Small Estate in Ohio


    More HOW:

    https://www.avvo.com/legal-guides/ugc/simple-guide-to-probating-a-small-estate-in-ohio
     
    shadowbunny likes this.
  8. Zigner

    Zigner Well-Known Member

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    The "Application for Authority to Administer Estate" doesn't ask for precise values, rather, it asks for estimated values. Once one is appointed as the administrator of the estate they can proceed to figure out more precise numbers.
     
    zddoodah likes this.
  9. Disabled Vet

    Disabled Vet Active Member

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    Your sister gave it to the cops because she figured you would attempt to sell the car. As others have pointed out you don't need the title to start probate.
     
    army judge likes this.
  10. zddoodah

    zddoodah Well-Known Member

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    Why did she do this?

    Why? To whom at the police department have you spoken about this (not names, but titles)?

    Why do you believe these things to be true? The first part of this unquestionably isn't true, and you can obtain at least an estimate of the car's value at the Kelly Blue Book website. All you need is the year, make and model of the car and its current mileage.

    If the police believe ownership of the car may be in dispute, they're not likely to give it up without an appropriate court order (including an order appointing someone as executor).

    At worst, you should be able to narrow it down to a range of a few years. If you have the VIN and/or license plate number, you may be able to get specifics from the DMV. Heck...if you post a picture here, I'd bet someone could tell you.
     
    Last edited: Dec 2, 2020
    Zigner likes this.
  11. mightymoose

    mightymoose Moderator

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    You have access to the VIN number you have access to everything you need to know about the car. There are plenty of websites that can assist you with decoding a VIN number.
     

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