Legal Question in Family Law in Texas

I have the title to my deceased Mothers vehicle. My brother has decided to take ownership of vehicle without consulting anyone. Can I prevent him from leaving with the state and/or gain possession of vehicle somehow?


Asked on 12/12/13, 7:00 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You actually do not provide enough information to fully answer your question.

Is your mother's estate being probated? If so, the executor should handle this matter.

If your mother was not married at the time of her death, then the siblings split the assets.

The vehicle would be an asset.

If you are not probating your mom's estate, there is a form to transfer the title of the vehicle that needs to be completed and submitted to change the title to a living person. All heirs would have to agree to this change of title.

Your mother's estate owns the vehicle until it's transferred.

Is this vehicle currently insured? Inspected?

If your brother takes the vehicle then he has a fiduciary duty to all the other heirs. I'm sure that he does not understand the potential obligations that he is assuming.

I recommend that you talk to a probate attorney in your county. You probably need a personal consultation to discuss all the issues regarding your mother's estate.

I hope this info has been helpful.

I am sorry for your loss.

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Answered on 12/13/13, 9:41 am


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