Legal Question in Wills and Trusts in Texas

Letter of Testimentary

My father died March 2, 2004. I have power of Attorney over my mother who has Alzeheimers and is in a home. To make a long story short. There was no will. My Mom has a very run down, old mobile home. With POA & my dad's death certificate, I sold the mobile home for $1,000.00, yes that is how bad it is. The state of Texas will not accept the POA on top of it I found out there was a co-signer when the mobile home was originally purchased. That person passed away a while back too. Being ignorant of the laws and yes I know ignorance is not excuse. I can not get the title transferred. HELP!


Asked on 11/29/06, 2:13 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Letter of Testimentary

The DMV should accept an affidavit of heirship regarding your father's estate to complete transfer of his portion of the title. If the loan is paid off, the co-signer should not be an issue. However, if the co-signer is also a co-owner, then you need to locate that person or his/her heirs to sign the bill of sale and convey the title.

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Answered on 11/29/06, 6:12 pm


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