my grandfather passed away in 1999. he had no will. he had a vehicle that wasnt paid off that my uncle had for a while and then couldnt afford payments so asked my father to take the truck and make payments so it wouldnt go back. my dad agreed and paid it off and gmac sent the title. the title was lost about 5 years ago, the truck was paid off in 2003. its in my grandfathers name and last registered in the state of south carolina but we live in texas and cannot get a title for it or registration. how would we do this if my grandfather had no will. he had only 3 sons and no wife
Intellectual Property Law Attorney
Question: Where has the truck been for 5 years? how was it registered? How was it plated and driven. If you are looking to buy it from your dad so you can use it here in Texas, it may be more trouble than it is worth.
You either need to probate your grandfather's estate under intestate laws, to have letters testamentary issued which will allow someone to sign and transfer the title from your grandfather's estate to whomever. But that is likely going to cost more than the vehicle is worth. (at least $2,500) So only go this route only if there is other property still in your grandfather's name that needs to be title transferred. (Houses, land, cars, boats, etc.) Otherwise, I recommend you consider a bonded title. Your last option is to forget about title and sell it as scrap, or walk away from the vehicle.
This is why you need to take care of business. People avoid doing the correct thing (probating grandpa's estate) then the have tons of little issues down the road.
I am an attorney licensed to practice in Texas, Louisiana and before the United States Patent and Trademark Office. Laws vary from jurisdiction to jurisdiction and the above may not be an accurate assessment of the laws for your area. The above should be taken as general guidance and not specific legal advice. For specific legal advice you should seek a licensed attorney in your jurisdiction practicing in the area specific to your issue. The above does not constitute or establish an attorney client relationship. If you wish to receive specific advice about your legal issue, then contact my office to schedule a personal consultation.