Suing the DMV

My mother passed away, her brother stole her truck after she passed and went and registered the vehicle in his name with paperwork stating that it was sold to him 30 days after she passed. He passed 3 weeks after that. His daughter has now taken the truck and refusing to give it back. My father and I have been granted administers of my mom’s estate. How can we go about getting her truck back?

Asked on March 26, 2019 under Estate Planning, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can sue your cousin for conversion which is theft in a civil case. Your remedy is to seek a constructive trust, which will require your cousin to return the truck to your mother's estate. A constructive trust can be used to trace and recover stolen assets.


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