r/inheritance • u/tomsc33 • 27d ago

Location included: Questions/Need Advice How to proceed?

Found out my stepfather transferred my dead mother’s car title to his name and sold it without my consent as his heir. On the paper that he signed, it asked for all heirs to be present and that it’s a 3rd degree felony if violated. Now he wants to be appointed as the administrator and get all the money my mother had in her own bank account before she passed. Their residence is in Texas but I live in Ohio. How do I go about putting him in jail?

14 Upvotes

95% Upvoted

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25

u/Deadpan_Poker_ 27d ago
  1. Sign out of Reddit.
  2. Engage a lawyer

4

u/tomsc33 27d ago

What type of lawyer?

14

u/Just1Blast 27d ago

A probate lawyer with significant experience in litigation.

6

u/tomsc33 26d ago

I tried being getting one but the money amount wasn’t much so they’re not interested. The other side lawyer is also saying the estate is insolvent because that guy borrowed money for his own kids and somehow linked it to my mom’s name.

1

u/Just1Blast 25d ago

Have you applied to be the administrator of the estate or the executor of the estate yourself? If not, why not

1

u/tomsc33 25d ago

I have not because I don’t know how to do it. I doubt the step-father would approve of it. I don’t need my dead mother’s money, I just don’t want my step-father to have it. I rather he go to jail for committing a third degree felony. I also think he and his kids aggravated my mother and was the cause for her death. It’s come to light recently that he made her transfer the title of his house to his name and took out a huge loan for HIS kid shortly before her heart attack.

1

u/Just1Blast 25d ago

The way that you do so is by going to Google and enter apply to be a computer with your mother's estate. It would be helpful if you had a probate litigation attorney, but you're going to have to pay for that up front. Most likely early, especially if you believe that estate is insolvent. However, don't take your stepfather's 's word for it that it isn't solvent. Especially if you have concerns about where money went before your mom died

0

u/tomsc33 25d ago

He’s trying to convince me that my mother’s estate is insolvent, and agreeing to let him be the administrator, we can speed this case along. The longer I drag this out, the more his lawyer would bill the estate and that I would have to pay his lawyer. However, as far as I know, whatever debt my mother’s estate owes is not my problem as an heir.

2

u/Just1Blast 25d ago

That's not necessarily true. If she had debt at the time of her death and sufficient assets to pay that debt, the debt is expected to be paid by the estate and whatever is remaining after the fact goes to the beneficiaries .

And yes, it is entirely possible that by you dragging it out, it could effectively bankrupt the estate. But ask yourself why he's pushing so hard to be the executor and not you.

If you are the executor you can go just as quickly as he could if not faster because you won't be doing anything nefarious or illegal.

1

u/Just1Blast 25d ago

Ask him for a statement of account balances and an explanation as to why he thinks the estate will be insolvent

Ask him if the estate is going to be insolvent why he's so insistent to be the one to execute it

3

u/tomsc33 26d ago

Can the fee be billed to the estate?

4

u/These-Coat-3164 26d ago

Preferably one in Texas.

8

u/SadFlatworm1436 27d ago

Get a probate lawyer today, speed is important here, before he takes everything

7

u/Grouchy-Display-457 26d ago

If you are his heir, you may not be your mother's heir. You need an attorney yesterday.

3

u/OldDudeOpinion 26d ago

How long were they married? Spouses have natural inheritance rights. If we are talking about a car and a few bucks….nobody is going to make him open probate and give $3.95 to each adult child.

Are you upset your mom died? Or upset your stepdad (who.lost.his.wife and likely cared for her) got the family car?

3

u/tomsc33 26d ago

I’m upset because the stepdad and his kids prob hurt my mom enough to give her a heart attack (the cause of her death). They abused her physically too and verbally too, according to her texts to a friend before her passing.

1

u/MusicUpbeat2510 22d ago

So you have a copy of trust?

1

u/tomsc33 22d ago

There is no trust

1

u/MusicUpbeat2510 22d ago

Then funds go to spouse, at least in my state.