What happens to a murder vic's car?

[Benzadmiral]

I know, this is a strange one. Any cops or former, feel free to chime in.

I'm working on a mystery in which the murder victim, a young woman, has driven to the story's location. She knows no one there, and the investigation of her death shows no relatives and that she's left no will.

What would happen to the car?

This is a small town, and the sheriff's office has the original investigation, until the state investigators take over. I presume that the staties would go over it for prints or leads. (It wasn't the crime scene, by the way.) But after that?

Would it be returned to the sheriff's office as a very large piece of evidence? And if no one came forward to claim it, would the sheriff's office be allowed to auction it off, or simply have it towed away to languish in a junkyard?

 

[PandaBear]

If no one claims it after a while, then the government will auction it off.

 

[rshunter]

Ultimately it will end up at an auction, being sent by either a government agency or an insurance company. I worked at one and we had more than one car come in with blood stains and even bullet holes in it. Some of them are really something to see...

If your victim had their vehicle insured, I would think that the insurance company would take possession and have to pay off on the vehicle. The money would be paid to the estate, regardless of the existence of a will.

If the car was undamaged, then it would belong to the estate. State laws regarding the disposal of property that belongs to deceased persons who leave no will would then apply.

 

[The_Jeff]

Sometimes storage fees are charged while stuff languishes in impound. Depends on the jurisdiction. However long probate goes on for intestate folks would dictate how much was owed the impounding authority.

I went to a state vehicle auction in Massachusetts 15 years ago. Half the cars they couldn't find titles for, so the auctioning authority just got court orders that the DMV must title for the next owner. Just an FYI.

 

[Win]

In my state, once the car is released from evidence, and assuming there are no possessory or purchase money liens, or priority claims to estate property, because the person had no will (intestate), the decedent's heritable estate (that property capable of being inhereited) will pass by the state's tables of descents (See A.C.A. section 28-9-214) to increasingly distant relatives.

If an heir to the heritable estate cannot be found, then reference is made to A.C.A section 28-9-215 Devolution where no heir under section 28-9-214.

Ultimately, if there is no person capable of inheriting, then the property escheats to the county wherein the decedent resided at time of death, see A.C.A. section 28-9-215(3).

Have no idea how it works in LA. LA has funky laws because of the continental influence.

 

[Win]

Oh, and don't forget about her burial costs. Funeral expenses will be a priority claim to the estate property.

 

[Benzadmiral]

Originally Posted By: Win
In my state, once the car is released from evidence, and assuming there are no possessory or purchase money liens, or priority claims to estate property, because the person had no will (intestate), the decedent's heritable estate (that property capable of being inhereited) will pass by the state's tables of descents (See A.C.A. section 28-9-214) to increasingly distant relatives.

If an heir to the heritable estate cannot be found, then reference is made to A.C.A section 28-9-215 Devolution where no heir under section 28-9-214.

Ultimately, if there is no person capable of inheriting, then the property escheats to the county wherein the decedent resided at time of death, see A.C.A. section 28-9-215(3).

Have no idea how it works in LA. LA has funky laws because of the continental influence.

What a cool (i.e., tactful) way to describe Loozyana's system! "Continental"!

Actually the events I'm planning to write about take place in the Colorado Rockies, so La. law wouldn't apply. I just need this to sound realistic and not get into the sort of heavy detail a story with a lawyer detective like Perry Mason would require. I kind of figured an auction would come into it somehow.

 

[Gary Allan]

I had Continental coffee at a restaurant. It gave me the overwhelming impression of Grease (oops-typo).