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Can not get help from Executor of the Will for title to 1995 Infinity

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MrCrowley269

Junior Member
What is the name of your state (Texas)?

Hello, this is a long story. My father passed away in 2011, it took the family a couple of years to agree on matters and probate a will. Once the will was probated, none of the agreements were kept, imagine that. But here is my issue.

My father had a 1995 Infinity that he asked a mechanic to obtain and do some minor work on while he was in the hospital. Unfortunately, while in the hospital, he passed. After the will was probated, the Executor and some family members went to retrieve the vehicle but the mechanic refused to release the vehicle until the money owed was paid. The others in the family refused to pay the bill and finally gave up on the car. I contacted the mechanic and asked that he not get rid of the vehicle as I would like to pay the bill. The mechanic agreed to hold the car until I was ready to pay.

A couple of years went by, I had been involved in an accident and could not get to pay the bill off earlier. After I recovered I paid off the bill and gained possession of the car, and notified the family members that I had done so. All agreed that since I did pay the bill, I should retain the vehicle. I contacted the Texas DMV and asked how to proceed with getting the title. I was advised that I needed to get the lien release forms and other paperwork from the mechanic.

Here is where the problem starts. I contacted the mechanic and was advised that he never placed a lien on the vehicle, he just advised that the bill needed to be paid before he would release the car. I contacted the Executor of the Will and advised him that there was no lien and what did I need to do to obtain a title for the car. He advised me to contact the Texas DMV again and ask them what I needed as there was nothing for him to do and he could not help. I then called the Texas DMV and advised that there was no lien placed against the car. They then advised me that I needed to contact the Executor of the Will and have him send in a Letter of Testamentary, the VTR-34 form completed and signed, and a photocopy of his ID.

I contacted the Executor of the Will again and started to advise him as to what the Texas DMV had just told me. He got very upset, started getting rude, and stated there was nothing for him to do, then hung up the phone on me. He will not speak to me at all. I would rather not have to pay something like $195 per hour, and in probate we request a retainer of only 10 hours as that is $1,950 and the car value is not that high. I am hoping there is a way I can pursue the issue.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (Texas)?

Hello, this is a long story. My father passed away in 2011, it took the family a couple of years to agree on matters and probate a will. Once the will was probated, none of the agreements were kept, imagine that. But here is my issue.

My father had a 1995 Infinity that he asked a mechanic to obtain and do some minor work on while he was in the hospital. Unfortunately, while in the hospital, he passed. After the will was probated, the Executor and some family members went to retrieve the vehicle but the mechanic refused to release the vehicle until the money owed was paid. The others in the family refused to pay the bill and finally gave up on the car. I contacted the mechanic and asked that he not get rid of the vehicle as I would like to pay the bill. The mechanic agreed to hold the car until I was ready to pay.

A couple of years went by, I had been involved in an accident and could not get to pay the bill off earlier. After I recovered I paid off the bill and gained possession of the car, and notified the family members that I had done so. All agreed that since I did pay the bill, I should retain the vehicle. I contacted the Texas DMV and asked how to proceed with getting the title. I was advised that I needed to get the lien release forms and other paperwork from the mechanic.

Here is where the problem starts. I contacted the mechanic and was advised that he never placed a lien on the vehicle, he just advised that the bill needed to be paid before he would release the car. I contacted the Executor of the Will and advised him that there was no lien and what did I need to do to obtain a title for the car. He advised me to contact the Texas DMV again and ask them what I needed as there was nothing for him to do and he could not help. I then called the Texas DMV and advised that there was no lien placed against the car. They then advised me that I needed to contact the Executor of the Will and have him send in a Letter of Testamentary, the VTR-34 form completed and signed, and a photocopy of his ID.

I contacted the Executor of the Will again and started to advise him as to what the Texas DMV had just told me. He got very upset, started getting rude, and stated there was nothing for him to do, then hung up the phone on me. He will not speak to me at all. I would rather not have to pay something like $195 per hour, and in probate we request a retainer of only 10 hours as that is $1,950 and the car value is not that high. I am hoping there is a way I can pursue the issue.

Offer him (the "Executor") some money for his trouble...
 

xylene

Senior Member
Bring all the paperwork you have to the DMV - in person not on the phone- and talk to a supervisor about a title hearing.
 

NIV

Member
It seems like you bought a car from a person who had no right to sell it. The executor would have to determine retrieving the vehicle from you would cost more than it is worth to even have a chance of any assistance to transfer the vehicle to you to not be a breach of his fiduciary duties.
 

Zigner

Senior Member, Non-Attorney
It seems like you bought a car from a person who had no right to sell it. The executor would have to determine retrieving the vehicle from you would cost more than it is worth to even have a chance of any assistance to transfer the vehicle to you to not be a breach of his fiduciary duties.

The OP didn't even buy the car. He simply paid the repair bill and drove off with it.
 

MrCrowley269

Junior Member
The OP didn't even buy the car. He simply paid the repair bill and drove off with it.

That is correct, I did not buy the car, I just paid the bill because no one else wanted to, and stated they did not want the car. The executor will not even talk to me at all. :mad:
 

MrCrowley269

Junior Member
Bring all the paperwork you have to the DMV - in person not on the phone- and talk to a supervisor about a title hearing.

xylene...all that I have will be a receipt of paying off the bill. There was never a lien against the car, no one wanted to pay the bill and said so be it. I did because it was my fathers. So I should go to the DMV and speak with a supervisor, and ask for a title hearing?
 

NIV

Member
Your only options are with the owner of the vehicle, the executor. It is possible you could have a claim for the amount paid for the vehicle repair, but probably not. But, through the executor is the only path to ownership.
 

xylene

Senior Member
After I recovered I paid off the bill and gained possession of the car, and notified the family members that I had done so. All agreed that since I did pay the bill, I should retain the vehicle.

I guess I understood this, and more of the blow off of executor to the heirs wishes to be in writing.
 

MrCrowley269

Junior Member
I am presuming since the Executor will not help and do the job he was...paid for, that I am up a creek, and have no way to obtain the title. That seems like all that is going to happen is the car will rot since there is no way to obtain the title. The bad thing is, the car runs and is very much drivable.
 

NIV

Member
I am presuming since the Executor will not help and do the job he was...paid for, that I am up a creek, and have no way to obtain the title. That seems like all that is going to happen is the car will rot since there is no way to obtain the title. The bad thing is, the car runs and is very much drivable.
The job the Executor was paid for included bringing together all the assets of the estate. I agree he did not do that in regards to the vehicle. He might have declined to do that as the cost to get the vehicle was more than the value of selling the vehicle. He does not have the right to give the vehicle to you.

Without a lien on the vehicle, his real job right now should be to try and take the vehicle from you. It is an asset of the estate. I do not know of the legal theory of how the estate would owe you money because you chose to give some to the mechanic to gain possession of the vehicle so the balancing of the value to the cost has changed.

Nothing here is the Executor's fault.
 

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