Consumer Law, Warranties Rights to collect storage rents

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koalabear

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I had an agreement with my step father to store a car over 33 years ago for him and he has since passed. My step-brother has since gotten the title in his name and is demanding the car without offering any rents for storage. He has enlisted an attorney to intimidate me into relinquishing the car for nothing. Do I need to comply considering that the original agreement for storage was with my step-father? Does he have a fiduciary responsibility to me if he wants the car?
Thank you very much.
 
Who is the legal owner of the car? Who is it registered to?
If your brother now controls the property, simply find a new location to store the car (if the car is registered to you or you are the legal owner).
If your grandfather was the owner, ownership of the car should have been settled in a will.
DOn't worry about attorney threats... they are a bunch of boneheads :P
 
Moose, I am not a bonehead! Want a donut? :-P

Ok sir, you have an estate question. When your step father died his debt passed to his estate. In other words everything he owes (to you and others) is now owed by the temporary legal entity created to settle his assets and liabilities called his "Estate." The Executor of that Estate is like the trustee or CEO and the Judge is like the Board of Directors. In other words, you need to make a claim against the estate for the storage fees. If you know the executor and he/she knows of your agreement, this shouldn't be hard. Further, if you have it in writing this won't be hard. If these things are not true then it will be hard.

You make a formal claim to the Executor in writing. If the Executor agrees he/she will pay you or negotiate the car as full payment. The Judge will, on the petition of the Executor and after hearing any objections from your step brother and his "bonehead" attorney, make the decision about putting the title in your name or approving the payment of fees. If none of this is in writing then you can backdoor a contract (30 years is a LONG time to hold a car for free). I think a Judge will agree that you either had a contract, or that you are due quantum meruit which means the "quantity of merit" or the value of your services.

If there is no "estate" and no "probate judge" involved, there needs to be. Any time a deseased person owns titled property there must be a judge involved to transfer title.
 
Oooooohhhhh...... YOU are the one storing the car... I get it.
In that case, you are under no obligation to release the car until a judge tells you to. You can still tell those pesky attorneys to buzz off.
 
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