transfer car of dead relative

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My brother-in-law transferred two cars that were his father's. He forged signatures one month after father died. He kept one car and sold the other. He also kept dad's tax refund and took money from bank account after dad died. Total about $12,000. What can his sisters do? Thanks
 
Yep. Only the executor of his estate can do that. Major fraud, theft and other things at play. If he is the executor, he can do this or if he had POA he could have legally done it BEFORE his father's death.
 
If he's the Executor of the Will, he might be able to get away with some things that other relatives might feel is inappropriate, but if he's not the Executor, it's fraud and actionable, in either or both Civil and Criminal court.
 
As the Executor, if he is, he can charge the estate for carrying out the duties. He is not allowed to actually forge legal instruments without court approval, unless such form was previously prepared by the deceased. This can be simple but, each state has their rules which must be followed. I suggest a discussion with an attorney after viewing the Executor document, IF there is one. Ed
 
Who is the executor? What did the will if any say?

If he is the executor and the cars were not specifically in the will he should sell them and add to assets to be dealt with as provided in will.

He did not need to forge the signature if he is executor. He can sign his name and then put "executor". Or something like that.
 
Did your father-in-law have a trust and/or will?
As others have stated, the executer's duties are to execute the wishes as stated.
If there is no trust and/or will, probate kicks in and the lawyers win.
It sounds like the estate is not that much, so probate is probably mute.

Regarding the cars, generally a trust states all assets not specifically listed in the trust become part of the will.

Perhaps get the family together and discuss options.
If he is not willing to co-operate, contact the authorities.
Unfortunately, there might not be much they can do.

But move quickly before there is nothing left.
Good luck.

FYI, I felt so much better after my trust, etc were in place.
 
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All useful answers depend on the state (New York?) this happened in, and whether the Dad was testate or intestate. Before these are known, everything else is speculation. Well, you can always call the police, but it may be the slowest place to start, meaning, after you call the police they won't do anything until the other kids establish the status of the will, identify the executor (if testate), etc.
 
Originally Posted by Jerryb
My brother-in-law transferred two cars that were his father's. He forged signatures one month after father died. He kept one car and sold the other. He also kept dad's tax refund and took money from bank account after dad died. Total about $12,000. What can his sisters do? Thanks

First and foremost, sorry for you loss.....
Secondly, nothing that a Baseball bat can't take care of!
 
Originally Posted by incognito_2u
Originally Posted by Jerryb
My brother-in-law transferred two cars that were his father's. He forged signatures one month after father died. He kept one car and sold the other. He also kept dad's tax refund and took money from bank account after dad died. Total about $12,000. What can his sisters do? Thanks

First and foremost, sorry for you loss.....
Secondly, nothing that a Baseball bat can't take care of!


Well I believe it was Scott Adams that said "There are very few personal problems that cannot be solved through a suitable application of high explosives."

But these days no one can take a joke anymore so it's fallen out favor.

https://www.brainyquote.com/quotes/scott_adams_387380
 
State to State everything is difference legal wise. If he stole 12,000 dollars worth of property and you cab prove it a lawyer will probably cost you 12,000 dollars to get a claim then no guaranty of ever seeing one penny. If you can get the police interested that will be a question as sometimes they just say its a civil matter and walk away, depends on local cops and there caring factor.
 
If you call the cops they may direct you to resources such as an emergency court order freezing the remaining assets.

Forgery is a crime, not a civil matter. It's not a misinterpretation of a contract, eg something poorly done.
 
Thanks for your help. No violence. I'm too old and know it will end badly. Sister is the executor of the will in NY. Cops don't care. We have a lawyer for the $300,000+ he owes to his siblings. Probate will cost us almost $12,000. He transferred the cars one month after dad died. Can we get the state of NY involved because he forged the NY transfer forms? He has not been an honorable guy. Never thought he would do this.
 
Originally Posted by Gasbuggy
Please clarify, police don't care?


I'm not a cop, but most likely the police will tell him it's a Civil matter, and that the OP needs to contact an Attorney.
 
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Originally Posted by 02SE
I'm not a cop, but most likely the police will tell him it's a Civil matter, and that the OP needs to contact an Attorney.

There certainly are issues depending on jurisdiction and how busy the force involved is. Very generally speaking, though, forging someone's signature is a crime, and the person doing so can be charged. However, remedying the financial problem that came out of it is very likely going to be a civil matter. The police may lay a charge. Someone may get convicted. The odds of someone being convicted, and the police bringing the car back washed and waxed to the rightful owner are slim, though.
wink.gif
 
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