Legal Question in Wills and Trusts in Texas
We have a car with my name on the title as well as my son. The car is worth less than what we owe. The loan is in my name only....what are my options as far as getting rid of the car without his signature on the title. He was admitted into a mental hospital with a mental illness warrant. He owes my tons of money so I would like to get rid of the car so that's one less thing he can leave me high and dry on.
1 Answer from Attorneys
If your son signed a durable power of attorney, have the agent sign over the car.
If not, Many of the people who are admitted into the state hospital are generally released in a few months. Once your son is released, and assuming he is no longer mentally ill, you can have him sign the car title so you can turn the car back to the seller and reduce his debt.
Another option is to apply to the probate court for a guardianship. If your son cannot be stabilized by the state hospital, then you should apply to the probate court for his guardianship.
However, you cannot be his guardian if your son owes you money so you'd have to find someone else.
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