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What kind of suit should I file? Really want to avoid probate court!
Detroit, MI
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Posted 3 months ago in Ethics / Professional Responsibility
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When my father died a few months ago, my aunt took his keys and forged the title in her name. Initially, we agreed to split it between me, her and my sister, however she has since then altered those arrangements and I want to sue her for the amount she finally sold the truck for (which she hasn't revealed of course). I don't want it to end up in probate since my dad had a bankruptcy, so I was told I could try to file either a small claims or civil suit against her. I don't know which one to do. Don't want to waste money I don't have filing the wrong paperwork. I know it would be a lot to prove she forged his signature too, but I'm confident of that part. I need to know what action to take/the options I have!!!
Answers (2)
James P. Frederick
This attorney is licensed in Michigan.
Posted 3 months ago.
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One of the big problems I see is that you and your sister appear to be cooperating with your aunt in perpetrating a fraud. Those seeking equity from a court must generally practice equity.
A small claims action is not the answer for you. You would only be able to recover a very small portion of money, and it would not be worth your time. I believe that you will need to file a probate estate for your father, become the personal representative and then sue your aunt for fraud and conversion. You will need to prove the forgery, but if that can be done, then I think you would have a solid chance of prevailing. I do not believe your father's prior bankruptcy should impact his probate estate. The estate would be subject to any creditors he had as of the date of death. The bankruptcy action would have wiped out his prior creditors. James Frederick 
Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 3 months ago.
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I agree with attorney Frederick. I don't see how a prior bankruptcy would affect anything. You should not be accepting legal advice from lay people who do not know what they're talking about.
Legal Disclaimer: Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received. |
