Legal Question in Family Law in Texas

This question would be more appropriate in the Probate categories. Did your father leave a will? Who is on the title to the car? From your description, it is not clear that you are entitled to ownership of the car. You may need to consult a probate attorney, with your documents, to determine who has the rights to the car.

You will need to hire an experienced probate lawyer and go through the Probate process - as your father died without a Will it will be intestate probate and you may be able to qualify for a small estate probate depending on the value left in your father's estate.

- Keep in mind that any debts your father owed will also need to go through probate or the lien holder can sue you personally as an heir to your father's estate.

- Your probate attorney will need to have you named the Executor, and get Letters Testamentary issued to you from the court judge.

Then, you will have the right to sue his brother for return of the car on behalf of your father's estate, and, so that the car goes to the rightful owners, which are his true heirs

- - usually 50% to his surviving wife (if he has one) and 50% to his children or 100% to his children if he has no wife.

- If your father had a wife who is still living, the wife should be the one filing for probate of your father's estate.

If you need legal assistance, our firm's information should post after my answer.

Legally the car cannot be transferred to him or anyone else without letters testamentary.

Goldstein & Scopellite, PC has qualified probate attorneys, estate planning lawyers and Will & Trust attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.