My grandmother died, left my mother as the Will executor, but bank wants car back. Can I still drive it until they take it?

Asked about 1 year ago - Austin, TX

My grandmother was the owner and she passed, leaving my mother as the executor of the Will. However, some problems occurred when trying to transfer the title over and now we seem to be stuck in limbo. My mother claims that she tried to get the money to buy the car but was unable to contact them until a letter arrived that said they had written the car off as a loss and put it up for collections. No one has ever tried to collect the car as of yet, and I'm not sure if I'm risking any legal trouble by driving it/insuring it.

Attorney answers (5)

  1. Steven John Clausen

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . You can drive it until estate no longer owns it so long as you have permission of executor. Unless Will has been filed for probate and your mother appointed as executor and filed her oath, she has no power to act. Assuming your mother has qualified as executor, there is a claim process that needs to be followed by her.

  2. Gary T. MacInnis

    Contributor Level 13

    4

    Lawyers agree

    Answered . If you are going to drive the car, buy insurance for it. Do not drive it without insurance. If you want to keep the car, contact the finance company and see if you can resume making payments. They will not allow you to transfer title unless you payoff the car. You could apply for a car loan. The executor could sign off on the title. The old lien would be paid off. Then you would have title in your name, plus payments to make.

    No lawyer-client relationship exists. This answer is intended for discussion purposes only. You must obtain legal... more
  3. John Gus Zgourides

    Contributor Level 17

    4

    Lawyers agree

    Answered . You cannot insure it as you do not have an insurable interest. Unless it is titled to you, the estate must be the named insured.

    John Zgourides
    www.zgourides.com
    Info@zgourides.com

    Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me.... more
  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You are not committing a crime by driving the car.
    However-the proper thing to do would be to return the car-up to you and mother unless she can make another deal.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  5. Sean Delarue Kamara Scott

    Pro

    Contributor Level 4

    Answered . It sounds as if the title has never changed. Driving it in its present titled state may put the estate at risk for liability if the driver is found at fault in the accident.

    The answer to your question on this forum does not constitute an attorney-client relationship. You are advised to... more

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