My fiance's grandmother passed away a few years ago and left her car to him. We've been waiting for the probate to go through so that he could get the title however there's been issues with an estate that she owned so the process has been drastically delayed. I recently accepted a job offer in New York and so now we're looking to sale the car as soon as possible but would obviously need the title to do so. We started the process of getting the title via an Affidavit of Heirship however my fiance's mother (also an heir) is unwilling to cooperate and is refusing to sign. If we don't get this figured out before the move, we're looking at some serious financial trouble and additional complications due to us being in a different state. Is there anything we can to do to get this taken care of without having to get his mother's signature?
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What if One Heir WONT' Sign Affidavit of Heirship?
- Thread Starter bshea22
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army judge
Super Moderator
If his mother refuses to sign, he ALONE will have to take the matter before the probate court in the Texas county where mother his grandmother passed away. You, madam, aren't involved, as you legally have no standing in this matter!
As to the matter of "left", was this transcribed in writing as part of a will?
Or, by "left" was it merely an oral representation?
It might be smart to let this go, because too much time may have lapsed. Beyond that, unless this is a Bentley or a Ferrari, there's not that much profit to divvy up after selling a $10,000 car.
This is a link to the form, although I don't see how the form to be dispositive.
Those forms are for real property.
An Affidavit of Heirship must be filed with the real property records in the County where the land is located. You will need to call the County Clerk and ask how much their filing fees are. The filing fees vary from county to county. The first page is usually more than the other pages. A fee of $15.00 for the first page and $4.00 for each additional page is not uncommon. You will also want to ask if you can file the two Affidavits of Heirship as one document. Some counties permit you to file the two Affidavits of Heirship as one document if the Decedent and property description are the same. This is less expensive than filing the Affidavits of Heirship as two documents.
http://www.window.state.tx.us/taxinfo/taxforms/53-111-a.pdf
More information:
http://www.lonestarlandlaw.com/Affidavits.html
http://texaslawhelp.org/resource/affidavit-of-heirship-for-heirship-concerning?ref=rChcv
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As to the matter of "left", was this transcribed in writing as part of a will?
Or, by "left" was it merely an oral representation?
It might be smart to let this go, because too much time may have lapsed. Beyond that, unless this is a Bentley or a Ferrari, there's not that much profit to divvy up after selling a $10,000 car.
This is a link to the form, although I don't see how the form to be dispositive.
Those forms are for real property.
An Affidavit of Heirship must be filed with the real property records in the County where the land is located. You will need to call the County Clerk and ask how much their filing fees are. The filing fees vary from county to county. The first page is usually more than the other pages. A fee of $15.00 for the first page and $4.00 for each additional page is not uncommon. You will also want to ask if you can file the two Affidavits of Heirship as one document. Some counties permit you to file the two Affidavits of Heirship as one document if the Decedent and property description are the same. This is less expensive than filing the Affidavits of Heirship as two documents.
http://www.window.state.tx.us/taxinfo/taxforms/53-111-a.pdf
More information:
http://www.lonestarlandlaw.com/Affidavits.html
http://texaslawhelp.org/resource/affidavit-of-heirship-for-heirship-concerning?ref=rChcv
.
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