a friend of mine's sister is threatening to take him to court claiming that before their dad died he was forced to sign over his car to his son (Not sure if it was in the will or before the will, but the car is now in his name) (my friend) where does my friend stand on keeping the car and proving it was not signed over by force. (the car is worth quite a bit of money) She was after more money from the estate and when she found out there was none left she is now after the car. what actions does he need to take? He has tried mediation, but she is determined to take him to court to get the car.
that the car was given to her brother, under duress and therefore he is not entitled to the car and instead it should be sold and the money split between them
the fathers estate has already been split between my friend and his siblings, but one sister is wanting more than her share
she is claiming that the car should really be hers and not my friends
im not sure exactly but it is a new jag
ok so what can he do to protect himself from these claims, he has the documents to prove the car is his and that it was signed over to him by his father,
she is claiming to have evidence, but there cant be any if it was done above board as he saysm
she wont show him the evidence, but says it will cost him more in lagel fees than the car is worth
I know it ahs something to do with what is written in the will but as i have not seen the will, i can not comment about that
ok, so legally speaking he has not go to do anything and if she tries to take him to court he can ask to the evidence against him
if she insistsa on taking it to court what is the worst case sinario
I think he is worried about the cost of going to court to protec
what about legal fees
would he have to pay them
ok, but roughly, would the legal fees if he lost cost more than the car concidering it is a new jag
i cant see how he could loose but i just want to put him in the full picture
ok, I see i dont understand lagal stuff.
But basically i can tell him, not to worry becasue it is up to her to prove it was given to him under duress and not for him to prove otherwise. He can ask to see the evidence under a law and if she wont or cant show the evidence really she does not have a leg to stand on. If it did go to court the worst case sinario is that he has to sell the car and give her half the money. but if she looses then she pays the fees. so ask her for evidence first and she she cant or wont show it he has nothing to worry about because it is all talk. but if there is something he needs to worry about which he has not tlod me about, then it might be worth negotiating with her
brilliant, that is what i will say and then it is up to him what action he takes after than, just wanted to help a friend out. so that info is very useful especially the law bit where she has to show evidence.
can i save this conversation so i can show him?