Legal Question in Wills and Trusts in Texas
Last Will of known fact
I have 6 living brothers & sisters. My father died recently. I have the last known will. My father left $1.00 to each sibling and left everything else to me. Someone has paid off the car and taken possession of it. I have a warranty deed for his house signed by him 8 months ago.Should I probate the will? Is the car legally part of estate? If so, how do I go about getting the car back?
2 Answers from Attorneys
Re: Last Will of known fact
The person who paid off the car may have forged the title - or maybe the dealer did it. You will have to probate the will to have the car part of the estate - otherwise, there is no legal recognition of the estate.
Re: Last Will of known fact
If the car was paid off after your father died, then it is properly part of the estate. You'll have to probate the will in order to open the estate and try to recover the car. File the warranty deed in the real property records to put his house in your name.
The house was a gift since the deed was delivered to you before he died. It's not part of his estate.
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