OT--Selling Vehicle to Individual, Title Question, please help

[kramer]

Most of you recall we lost my dad last month in a car accident. He had a small truck that my mom cannot drive. The title is in his name. We want to sell the truck to an individual and have been advised that she can sign an affidavit of heirship and name the new owner, which will transfer the title in their name. My question is how is this handled with them financing the vehicle through us. Obviously we do not re-title to them until they make the last payment. We would sign a contract with the buyer that they will receive the title after making all the payments. Is there a form that we file with anyone to let the police or others know that this individual driving the truck has purchased it from us even though its not titled in his name??? Please help.....my head is spinning from all the paperwork I have had to do to handle my dads Estate.

[47]

Maybe this will help

http://www.txdot.gov/forms/vehicle_titles.htm

[cosmiccowboy]

Most of you recall we lost my dad last month in a car accident. He had a small truck that my mom cannot drive. The title is in his name. We want to sell the truck to an individual and have been advised that she can sign an affidavit of heirship and name the new owner, which will transfer the title in their name. My question is how is this handled with them financing the vehicle through us. Obviously we do not re-title to them until they make the last payment. We would sign a contract with the buyer that they will receive the title after making all the payments. Is there a form that we file with anyone to let the police or others know that this individual driving the truck has purchased it from us even though its not titled in his name??? Please help.....my head is spinning from all the paperwork I have had to do to handle my dads Estate.

Wow. I'm not an attorney but you need to be very careful here. As I understand it, the estate needs to go through probate before you should do anything, and hopefully there was a clear cut will leaving the assets to your mother. The title should be transferred to your mothers name and in the situation you describe there should be a contract for deed and the title should not be transferred until she is paid in full.

[kramer]

Maybe this will help

http://www.txdot.gov/forms/vehicle_titles.htm

Legacy......YOU ROCK!!! The form was right there. Vehicle Transfer notification.

Thanks so much!!!!

[kramer]

Wow. I'm not an attorney but you need to be very careful here. As I understand it, the estate needs to go through probate before you should do anything, and hopefully there was a clear cut will leaving the assets to your mother. The title should be transferred to your mothers name and in the situation you describe there should be a contract for deed and the title should not be transferred until she is paid in full.

Texas is a community property state. There is no need to go through the probate process.

[Will Hunt]

Kramer,

If it were me, I would try to keep the issues to a minimum.

By that, I mean I would wait until you have had legal counsel on the issue and then sell the vehicle outright... however the titling of the vehicle needs to be accomplished. I would certainly not add owner-financing into the mix of things. That is one headache that you can take off of your plate.

Let the buyer figure out their own financing if they need it. Accept their money order, cash, or cashiers check, sign over the title, and be done with the deal.

I hope everything works out.

Will

[Texasredneck]

Wow. I'm not an attorney but you need to be very careful here. As I understand it, the estate needs to go through probate before you should do anything, and hopefully there was a clear cut will leaving the assets to your mother. The title should be transferred to your mothers name and in the situation you describe there should be a contract for deed and the title should not be transferred until she is paid in full.

I agree; went through this before and filled out a personal contract/ agreement also anything you do get it notarized and make sure they cover the insurance so if anything happens it does not fall back on your mom or you.

[The Crippler]

Texas is a community property state. There is no need to go through the probate process.

Mmmm...you're still going to want to get a judgement, whether through intestacy or a will, and the title in your mom's name before you sell it; it will save a lot of headaches in the future. Affidavits of heirship are useful, but I personally would not rely on one. If the original title was in both of your parents names, it's not that much of an issue. I also agree with Will Hunt, let the buyer worry about getting financing, that could potentially turn into even more headaches.

[Hunterdan]

Make sure you keep your license plates for the truck. I sold one last year and the new owner drove through the Toll booths with no toll tag for 2 weeks and then I recieved the tickets because the plates were in my name. Took me weeks to get this resolved. Just FYI.

[Goldeneagle]

Make sure you keep your license plates for the truck. I sold one last year and the new owner drove through the Toll booths with no toll tag for 2 weeks and then I recieved the tickets because the plates were in my name. Took me weeks to get this resolved. Just FYI.

I learned this the hard way. Sold a truck for cash. One day, the Plano police were knocking at the door. The dude used the truck in an armed robbery. Guess who the plates were registered to?