Legal Question in Wills and Trusts in Texas

You are not going to like my answer.

Who ever has their name on the title owns the vehicle -- but I think you know that fact.

Your step-father did not "gift" this vehicle to anyone because if he meant it to be a "gift" then he would have signed the title over to that person. Therefore, no gift was ever made. He merely allowed someone to drive his vehicle. That person was responsible for maintaing the vehicle while enjoying the use of the vehicle.

The vehicle belongs to the estate of the deceased.

Then to complicate matters it sounds like his wife died.

But you don't explain if there is going to be a probate filed at a court for their estate.

That would make a difference on how the title transfer of this vehicle would be handled.

Insuring the vehicle is easy - I insure a vehicle that I don't own.

Renewing the tags should not be difficult either -- if the notice comes to your house.

An 8 year old vehicle cannot be worth that much money -- so I doubt that the heirs are going to be "fighting" over this used vehicle.

What I suspect is happening is that everyone is upset about his death and now his wife's death. Grief tends to bring out the worst in people. Plus, you are all dealing with emptying their home. This is a horrible time for all of you.

You can actually take the original title down to your local tax assessor/collector office and see what form you need since the owner died without a will. I believe there is a one-page form that can be filled in & submitted to get a new title. Talk to someone and find out. PLEASE don't go into all the details with the tax assessor/collector -- they don't need to hear all this "drama". Just tell them that the owner died without a will and the title needs to be signed over to a relative & what do you need to do. They offer this one page form because many people die leaving only a vehicle and they need to have a way to transfer title in a "clean" way. (FYI: You might be able to find this on-line too.) I can't remember what this form is called.

If your step-father is going to have an estate to probate then his vehicle can be handled as part of the probate. If there is no probate going to be filed at the courthouse then the form at the tax assessor/collector's office should work.

Please don't call me because I don't do probate work.

If you need a probate lawyer in Harris County I recommend W. Kevin Alter at 713-526-2333. He is top-notch. Tell him that I sent you!

I hope this information is helpful.