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Father died w/o a will and I am sole heir

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Daniel622

Junior Member
What is the name of your state? New Mexico regarding the estate, but Texas for part of the estate that was drove across state lines.

My father just died 9/8 and left no will. I am his only child next of kin. He died in NM. My attorney in NM has executed me as personal representative. My father's parents rushed to NM from Texas and cleaned out his house and took his car. 10/17 I will be awarded as heir and I have demanded my grandparents to surrender the car but they will not and I think they are going to hide it. Neither of us have the title yet but I will recieve it eventually after heir appointment. How can I get the car back? My NM attorney does not have justiction in TX. My grandparents are not honoring me as personal rep. Can they fight me for estate which is approximately $50,000 plus the car they took which is brand new paid in cash of $26,000 and no liens. They said they plan to sell it.

I sent a repo man to get it and if they refuse, I plan to wait until I get the title and put the car in my name and then call it in stolen and press criminal charges? Can I do this, how can I get the car back, and by kicking up all this mess can they fight me for the $50,000 money? And if so what can their defense be? I am the only child as heir and next of kin?
 


FlyingRon

Senior Member
They won't be able to license it or sell it without the title which should go to you. Yes you can have it repo'd. Once the probate is complete, have the lawyer write them a letter demanding the turn over of the property. If that doesn't work you will need to pursue them in TX (with a lawyer in that area).
 

mjamie

Junior Member
What is the name of your state? New Mexico regarding the estate, but Texas for part of the estate that was drove across state lines.

My father just died 9/8 and left no will. I am his only child next of kin. He died in NM. My attorney in NM has executed me as personal representative. My father's parents rushed to NM from Texas and cleaned out his house and took his car. 10/17 I will be awarded as heir and I have demanded my grandparents to surrender the car but they will not and I think they are going to hide it. Neither of us have the title yet but I will recieve it eventually after heir appointment. How can I get the car back? My NM attorney does not have justiction in TX. My grandparents are not honoring me as personal rep. Can they fight me for estate which is approximately $50,000 plus the car they took which is brand new paid in cash of $26,000 and no liens. They said they plan to sell it.

I sent a repo man to get it and if they refuse, I plan to wait until I get the title and put the car in my name and then call it in stolen and press criminal charges? Can I do this, how can I get the car back, and by kicking up all this mess can they fight me for the $50,000 money? And if so what can their defense be? I am the only child as heir and next of kin?
They cannot fight you. If there is no will, then you are in fact the only heir. They have no legal right to that property

Your father died two weeks ago and his parents immediately drove a state away to get all of his stuff then promptly called you to say they are selling it? It was nice of you to send a repo man instead of a policeman.

They do not sound like good people. If they are willing to steal from their recently deceased son, then who knows what they will do to that car once they find out they cannot sell it. I would personally call the local police and report it as stolen from the estate of “your father” and let them know you would like to have said property back. You would need little more than a death certificate and probate papers to get the ball rolling.
 

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