We live in Texas. My dad recently passed , and has a motor vehicle that I want to title in my name. He was married to his current wife for only 8 years. She is not listed on the finance account, but is attempting take the vehicle. As his heir, would filing an affidavit of heir ship solve this.
My dad did not have a will, and the truck still has a balance, although it will be paid off via credit life insurance when the death certificate is sent in to the finance company. She is not my biological mother, who is deceased. The finance company will not give her any info on the account, as she is not a responsible party on the account.
Regardless of the length of the marriage, your father's wife is an heir, just as much as you are. In many states, she would have priority over you, in a number of important ways. Under Texas law, since there is no Will, the intestacy rules would apply. You have not said whether the truck is community property or your dad's separate property, which would have an impact on your answer. You have not really said that your father had no Will, either, but I assume that is the case, since you are talking about heirs. If you and your stepmother cannot agree on this issue, then I would suggest you retain an attorney to help you determine what your options are.
You can find a chart on Texas intestacy law, here: www.business.txstate.edu/.../Texas%20Rules%20of%20Intestacy%20chart.pdf
I am very sorry for your loss.
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I don't believe the County will take an affidavit of heirship to transfer title. The will follow a court order. You need to consult with a probate attorney about opening an estate. I will tell you that if the only asset is a truck with a lien against it, and wife will get part ownership, at least, it may not be worth pursuing. If there is real estate (a home for example) you should pursue probate.
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While you certainly could go to the DPS office and obtain the affidavit of heirship form or print it online, it may not be to your advantage if your stepmother is also an heir. If this was a vehicle that was purchased during the marraige then it is presumed to be community protperty and it does not matter in whoese name the truck or the loan was taken. That would mean that even if you are the heir in this situation that your stepmother would still own one half interest in the vehicle. For this reason and to protect yourself from liability for acting without an attorney, as well as, obtaining information on what other inheritance rights you may have, please consult with an attorney in the area where your father resided to go over this in detail. Most probate attorneys will provide a free consultation. I am truly sorry for your loss and the situtation you find yourself in. Please contact a probate attorney in the near future.
The above answer does not create an attorney/client relationship. These responses are merely intended to provide general information about the question asked. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.