2 cars and a boat to our brothers. She refuses to sign over the titles, what can we do?
Real Estate Attorney
There are a lot of things that have to be in place and to happen before property can be dispersed.
Assuming, there was a will, probate can take up to (and beyond if necessary) a year. Within the first six months the estate must both give notice and wait for claims of creditors to come in. Then the is a process by which the creditors claims have to be approved. After that there is an order by which creditors and others are paid from the estate. The personal property of an estate including cars and boats may be sold if there is not enough other assets to use to fulfill creditor's claims.
There are many other steps and issues that can both prolong and complicate the settlement of an estate. Here's a good overview:
Hope this helps.
Ian A. Taylor
The Taylor Law Office L.L.C.
Pawleys Island, SC
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Estate Planning Attorney
If she was appointed PR then the estate is probably still going through the probate process. In a typical probate situation the creditors get eight months of notice to make claims against the estate before any property can properly change title from the deceased. Since it has only been six months since your father passed then there has not been sufficient time.
After this time has passed and she still refuses to sign the titles over according to will or intestate succession ( no will) then contact the probate court and possibly a probate attorney.
Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate personal injury accident and divorce and family law. For further information visit his website at http://www.ekglaw.com . Follow on Twitter http://twitter.com/#!/ekglaw Like on Facebook http://www.facebook.com/ekglaw . Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813
This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at www.ekglaw.com <ekglaw.com>.