I bought my girlfriend a car and it was in her name she resently passed away and left the car to me in her will. Her daughter is the executo...

Question

I bought my girlfriend a car and it was in her name she resently passed away and left the car to me in her will. Her daughter is the executor of the estate and she took the car to her house and won't give it to me what can I do. I live in north Carolina thank you

Answer

I do not care where you live. What is important is where the girlfriend lived at prior to her death. Is that in NC?

The fact that your girlfriend had a will is good. But that does not mean you can just take the car. An estate first has to be probated for your deceased girlfriend. Has that been done? Who is the executor?

The executor's job is to gather and inventory assets, figure out what the deceased owned and owed, pay off any just debts, and then distribute what is left to the named beneficiaries.

The executor has to have things (like cars and land) appraised. The executor has to make sure that there is enough money in the estate to pay any debts. If need be, the car can be sold and the proceeds used to pay debts. If there is enough money in the estate to pay any bills, then the executor can, if she/he so chooses, make an early distribution to you of the car. However, you do not have a right to demand the car now and will have to wait until a final accounting is filed (most estates take 1-2 years to administer and you do not indicate when girlfriend died).

Now, assuming that an estate has been probated and administration is complete and that sale of the car was not necessary, then the executor is required by law to distribute the car to you.

If you do not know if an estate is pending for your deceased girlfriend, then check with the probate court in the county where your girlfriend lived prior to her death. How long has it been since the girlfriend died? You should wait at least 30 days after death. If 6 months have passed and daughter has not probated an estate, then you can request that a public administrator be appointed or you can do the job yourself. You can also compel production of the will into court.

If you are still having problems, then I suggest hiring your own probate attorney; you should get one who practices in the county/state where the estate for your deceased girlfriend is or will be probated.