Legal Question in Wills and Trusts in Texas
Vehicle lien laws
My mother, who lived with my sister in Texas, passed away without any real property in her name except for her vehicle. She also did not have life or burial insurance. My sister's fiance' paid the funeral expenses with the agreement that we (6 siblings) would pay him back. Days later he claimed to have put a lien on my mother's car. How could he legally do this without providing any notices before hand? Also, at what point does the lien entitle him ownership of property? We live in a different state and never recieved copies of the funeral bill or any other documentation relating to this, even after requesting such material numerous times. What rights do we have to stop this lien before he becomes the owner? The executor of the estate had not been notified either, nor has my sister sent him any of the documents he needs to start the probate process. Please advise.
2 Answers from Attorneys
Re: Vehicle lien laws
If the probate was in Michigan/mother resided here, he could not just lien the estate. I am unsure of the law in Texas. For more info. please call at (248)851-3171.
Re: Vehicle lien laws
A lender that loans money for the purchase of the vehicle has a security interest (a lien) in the vehicle. A mechanic that services a vehicle has a lien on the vehicle for payment. Your sister's fiance' doesn't have a lien on any of your mother's property for money loaned.
It doesn't sound as if there's any value to your mother's estate, so it's questionable whether it's even worth the cost of probate.
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