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Step father already gave me the keys to the two cars my mom left me can I get in trouble for driving them if not in probate yet?

Dallas, TX |

My mom die on Easter Sunday 3/31/2013 in Church in Dallas, TX. My TX ID shows her address was my address. We have not reached the 30 day mark to probate yet.

Ok think I need an Lawyer. Ok thanks Cheryl. But this was done before I knew that there was a will and I had not read it yet. I now know that I'm to receive all personal property intangible and tangible.

Attorney Answers 5


  1. Best answer

    You will need to retitle, but the executor will need to deliver you the titles signed by the executor and a copy of the letters testamentary to do this. You will not be able to get your annual registration without updating the title.

    There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.


  2. As long as you have consent from the executor to drive the cars, it shouldn't be a problem. However, you should be sure that insurance, inspection, and registration are current.


  3. In addition to Ms. Smith's response, you should have the vehicles retitled, as soon as you can. You may be able to do this without them going through probate. Many states provide a mechanism for an easy transfer of motor vehicles, outside of probate. You should check with the State DMV.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  4. I agree with Miss Smith. I am sorry for your loss.

    John Zgourides
    Web: www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  5. Sorry for your loss.
    Just get permission from the executor
    but you should know that if an accident occurs that the estate(as owner of vehicle)
    could be responsible as long as the auto has not been transferred to you.
    Victims always sue the owner and driver of a vehicle..

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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