Legal Question in Wills and Trusts in Texas
In the will the auto mobile was left to me, I have the death certificate. Do I need to wait unitl my sister has the will probated to get the car? She said the lawyer told her not to make a car payment until the will is probated. Should I make the car payment? I'm one of the sibilings listed on the will, but she will not let me know anything that is going on. She is handling the estate. How long legally do you have to settle an estate in Texas?
1 Answer from Attorneys
Yes, you need to wait until the will is probated.
If the car is pledged to a loan, the creditor's claim will be greater than the claim of a beneficiary. Even if the car loan is not secured by the vehicle, unsecured creditors will have a greater claim to assets of the estate than beneficiaries.
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