How to get property of an estate returned?

My mom passed away 5 months ago. She has a vehicle that her boyfriend had been driving since she was hospitalized. We asked for it to be returned. Once, the executor paperwork was finalized he was sent a letter by our attorney stating he has ten days to return it or it will be reported stolen. His lawyer sent a letter stating he “may have rights to said vehicle” and needs more time. He is not on title, has made no payments or even paid the insurance since she passed. If we do report it stolen what happens next? Can I legally take the car from the house? Can I get the police to go out to house? At this point I would hope he dosen’t turn it in and gets charged.

Asked on June 11, 2012 under Estate Planning, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written with respect to the attempt to get the return of a vehicle which is an asset of your mother's estate, the executor or trustee has the following options:

1. have the estate's attorney file a lawsuit against the former boyfriend for the fair market value of the car seeking its return or its value in terms of damage;

2. send a letter with an invoice for the accrued fair rental value of the car to the former boyfriend seeking payment of the amount by a set date. If not done, then file a lawsuit for the fair rental value of the vehicle.

At this point in time, I do not recommend police involvement concrning an apparent civil matter.

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