There is a will that named him the heir of the car which still has a loan on it the will hasn't been probated yet is it true that if he presents the death certificate the check and salvaged title will come in his name or my mom's name? And of it comes to the estate or moms name how would that work will the money go to my brother after probate?
Until the Will is proven-up as being valid (i.e. it is probated) then I doubt the insurance company will give the Will any weight at all. The check and salvage title would likely be put in the name of the deceased registered owner of the vehicle, or the name of the estate. In either case, the heir or heirs who are entitled to the vehicle under the Will would get the vehicle or the proceeds from the totaled vehicle once the Will is probated.
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Agree with Attorney Carter, the check will be in the deceased name as will the title, and you will have to go through the probate process in all likelihood.
This response does not constitute legal advice and does not create an attorney-client relationship. Legal problems and solutions depend on their unique facts. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be complete or adequate for your specific situation. Laws and regulations often differ from one jurisdiction to another. Mark E. Barbour practices in the State of Ohio.
I agree with the other counsel. If anyone was injured in the wreck, they should call competent San Antonio counsel for further advice regarding what is due them.
Was my answer "HELPFUL" and/or a "BEST ANSWER?" I appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. Forrest Welmaker is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. No attorney fees unless a recovery is made. Doctor referrals are usually available.
Since your brother was not awarded ownership of the vehicle through the probate court, the vehicle remains an asset of the estate. Any payment or salvage title should reflect your mother or the estate. It appears to be time to make sure the will is probated so that the court can undertake the appropriate transfers of assets etc.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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