How do we obtain a vehicle title from someone who is now deceased?

Question:

This person filed Bankruptcy, is now deceased, stopped our Lien Sale, and now since he passed without a will the bankruptcy has placed everything with the probate court and the wife wants nothing to do with any of it. The vehicles are still on our property. We want to sell them, junk something rather than just leave them where they are.

Answers provided by Chilina Law Firm:

The answer to your question depends upon what type of bankruptcy the deceased filed and the need for more facts surrounding the circumstance. Generally, upon the death of a debtor, a Chapter 7 bankruptcy case will continue; however, a Chapter 13 case can be dismissed. Since the bankruptcy trustee seems to have placed all of the property in probate it appears as if the bankruptcy is proceeding which may indicate the deceased debtor filed Chapter 7. Also, if the wife is interested in disclaiming her interest in the vehicles and the vehicles are of no value, you might be able to use this disclaimer to persuade not only the probate court but also the bankruptcy trustee to allow you to continue with disposition of the vehicles. Regardless, it is highly recommended you seek legal counsel familiar with Federal Bankruptcy Code and Rules and California Probate Code before you do anything with the vehicles.

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