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Sister not relinquishing property to rightful owner per will

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Rosethorne25

New member
TEXAS -
Margaret has been left out of her father’s will. The father had lived with her in his last days so his vehicle had been at her house.

All of the father’s property was left to his other daughter, Patricia. Patrica has followed all laws and has a letter of Testamentary stating she is the legal/rightful owner of all of her father’s property. Patricia has promised her niece, Sharon the vehicle. Sharon is the daughter of Margaret. Margaret is aware her daughter will be getting the vehicle.

Margaret will not relinquish their father’s vehicle to her sister Patricia or her daughter Sharon. It is assumed Margaret is doing this out of anger that she was left out of the will and she also accuses Patricia of manipulating the will. What do you suggest Patrica do?
 


quincy

Senior Member
Who in this are you, Rosethorn?

In whose name is the vehicle titled? Has Patricia transferred the title of the vehicle to her name or Sharon's name?
 

Rosethorne25

New member
It is in Patricia’s name. Once Patricia is in possession of the vehicle she will sign the title over to Sharon. Patricia wants to make sure the vehicle has not been compromised in anyway before giving it to Sharon.
 

quincy

Senior Member
If Patricia is the titled owner of the vehicle, she can go and get it from Margaret. She can either hire a tow company to retrieve it or have the police do a civil standby while she retrieves it herself.
 

Litigator22

Active Member
You are much mistaken, Rosethorne!

Patricia DOES NOT HAVE "letters of Testamentary" [sic] stating that she is the legal/rightful owner of all of her father’s property.

Letters testamentary are letters/orders issued by a probate court appointing the named person or entity as the personal representative of the decedent's estate whom are authorized to act on behalf of the estate and are charged with the duty to administer the estate in accordance with the decedent's last will and testament and the laws of the state.

Such letters of appointment have noting whatsoever to do with the distribution of the assets of the estate. (See: Section 306.001 of the Texas Probate Code, "Granting Letters Testamentary")

But what concern is it of yours? If Patricia has succeeded to the ownership of the vehicle and is seeking advice as to how to best proceed to recover its possession, let her explain the circumstances. Why should she learn third hand from someone as confused about probate law as you are?



 

quincy

Senior Member
You are much mistaken, Rosethorne!

Patricia DOES NOT HAVE "letters of Testamentary" [sic] stating that she is the legal/rightful owner of all of her father’s property.

Letters testamentary are letters/orders issued by a probate court appointing the named person or entity as the personal representative of the decedent's estate whom are authorized to act on behalf of the estate and are charged with the duty to administer the estate in accordance with the decedent's last will and testament and the laws of the state.

Such letters of appointment have noting whatsoever to do with the distribution of the assets of the estate. (See: Section 306.001 of the Texas Probate Code, "Granting Letters Testamentary")

But what concern is it of yours? If Patricia has succeeded to the ownership of the vehicle and is seeking advice as to how to best proceed to recover its possession, let her explain the circumstances. Why should she learn third hand from someone as confused about probate law as you are?
If Patricia is the titled owner of the vehicle, as Rosethorn says she is, what do YOU suggest Patricia do about the vehicle, Litigator?

Or did you just post to define for us "letters testamentary?"
 

Litigator22

Active Member
If Patricia is the titled owner of the vehicle, as Rosethorn [sic] says she is, what do YOU suggest Patricia do about the vehicle, Litigator? Or did you just post to define for us "letters testamentary?"
Are you also acting on behalf of Patricia? You and Rosenthorne should draw straws.
 

Just Blue

Senior Member
TEXAS -
Margaret has been left out of her father’s will. The father had lived with her in his last days so his vehicle had been at her house.

All of the father’s property was left to his other daughter, Patricia. Patrica has followed all laws and has a letter of Testamentary stating she is the legal/rightful owner of all of her father’s property. Patricia has promised her niece, Sharon the vehicle. Sharon is the daughter of Margaret. Margaret is aware her daughter will be getting the vehicle.

Margaret will not relinquish their father’s vehicle to her sister Patricia or her daughter Sharon. It is assumed Margaret is doing this out of anger that she was left out of the will and she also accuses Patricia of manipulating the will. What do you suggest Patrica do?
Who are you in this situation?
 

Taxing Matters

Overtaxed Member
If Patricia is the titled owner of the vehicle, she can go and get it from Margaret. She can either hire a tow company to retrieve it or have the police do a civil standby while she retrieves it herself.
And if the vehicle cannot be readily picked up peaceably by Patricia and the police won't assist (not all police are willing to do the standby in this circumstance) then Patricia may go to court to seek an order compelling Margaret to turn over the vehicle. That assumes, of course that the vehicle is worth enough to make all that worthwhile.
 
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