QUESTION

How can i get a lost title for deceased relative.

Asked on Jan 20th, 2013 on Estate Litigation - Texas
More details to this question:
My uncle passed away in 2008 and his car was left to my dad. My father passed away a yr later before my uncles probate was closed. My fathers estate has no executer. How can i go about clearing the title and getting a new one so i can get the car titled and registered to me? The car was originally titled in Missouri.
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1 ANSWER

Kevin Spencer
Mr. Gardner: My first question is why hasn't the personal representative of your uncle's estate made distribution some four years post-death.  The answer could be that the Estate needed the car to pay for debts of your uncle's Estate in which case the bequest of the car to your father would abate (which means, it would disappear).  Even if the Estate was solvent (such that your the bequest of the car to your father would not abate), the determination about whether the car was needed to pay off debts of your uncle's Estate within the year prior to your dad's death.  It may be that because your father's Estate has no executor or personal representative that the personal representative of your uncle's Estate has no one to transfer title to the car to and is waiting for information about who either represents the Estate or owns it.  If your father had a Will, then probate it and an executor will be appointed and/or the beneficiary/beneficiaries of his Estate will be determined, so the executor or personal representative of your uncle's Estate can transfer title.  If your father had no Will, then you are going to have to have your father's heir's determined, so the executor or personal representative of your uncle's Estate can know who to transfer title to. If you are the only beneficiary or if you are the only and sole heir of your father, i.e., there is no one in his Estate who could complain about the executor or personal representative of your uncle's Estate transferring title directly to you, then, if you know that personal and can discuss it with him/her, then you can see if they will skip you having to do anything in your father's Estate to evidence title.  If he or will not or their are beneficiaries or heirs of your father's Estate other than you, then I think you are left with the above options and only the above options. I hope this answers your question(s). Sincerely, Kevin Spencer www.spencerlawpc.com 
Answered on Jan 20th, 2013 at 8:47 PM

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