Father-In-Law passed

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entilzah

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In January my father-in-law died. He had an attorney for his estate, but the attorney advised the daughters (all 3) to wait 4 years to probate the will. In the will he left the oldest daughter as executor and for the girls to "share and share alike." This is not happening and the two oldest sisters have changed the locks on the house and have decided not to let my wife the youngest have a key. I am aware there is not much she can do about this unless we sue them, which we cannot afford to pursue. The thing I have been trying to find out is the attorney had said that the only way the girls could sell his truck, unless someone elses name was on the title, would be for all three girls to sign off on it. The oldest daughter took the truck to a car dealership and signed a TxDot Form VTR 262 which only she signed which makes her the sole heir to the vehicle. She even had the form Notarized. Since her name is not on the title I believe she falsified this form which states at the bottom it is a Class 3 Felony to do. Both her and my father-in-law signed the Rights of Survivorship agreement on the front of the title, but again since her name is not on the title I think the agreement is completely invalid. All we are trying to do is get the other two girls to quit acting like my wife is less than an equal since we have lived in the same town as my in-laws so we could help them whenever they needed for the last 20 years until they passed on. If it is not legal what her sister did we can make some of this crap stop. Please help.
 
Contact your local police agency and bring any criminal matter to their attention. They will investigate it, or direct you to the correct agency.

This requires no funds on your part.

Be advised, that no one can be forced to do anything, only made to regret what they did or didn't do.

Think real hard what you are embarking upon, because this often tears a family apart!!!
 
I guess I did not make myself entirely clear, the family is already tearing apart with the treatment of my wife and what her sisters are doing to her. What I needed to know is whether it is legal or not what her sister did with the vehicle?

*Just imagine finding out that the people you have tried for more than 40 years to make happy have turned on you like a pack of wolves* This is what she is going through she is already in poor health and if this continues this way I am afraid it will kill her.
 
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Many people behave this way after the death of a supposed loved one.

As I said, report all suspected crimes to the police.

Or, look at it like I've always done.

If I didn't work for it or earn it, I don't want it.

I don't feast on the carcasses of carrion like hyenas and jackals choose to do.

I do, amuse myself by watching the aforementioned jackals and hyenas chow down on carrion.

Sometimes it's better to walk away, just turn and walk away.
 
I have found out that even though the form says it is a Class 3 felony to falsify information on it before this can be considered criminal it has to go through a civil trial first. This makes no sense to me, but I figured I would give an update.
 
I understand your statement about "If I didn't work for it or earn it, I don't want it," but this requires some definition on my part. As I have already said this is my wife's family and not mine by blood. I have spent the better part of the last eighteen or so years doing all of the things these people needed even when my wife was not able to. By this I mean that after work I would go and mow the yard twice a week, I installed miles of fencing, by myself with absolutely no help. When they decided they wanted a deck on the back of their house, I was volunteered by my wife. This caused quite a few problems in our marriage over the last few years when I got tired of their needs being more important than mine or my wife's. So in a way I feel that I (or my wife since I am not blood) have earned the right to some of these things instead of the what is actually happening. Please do not think we are being greedy the only thing we are asking is fairness. We are not even trying to get more than the other girls, again we just think things should be fairly divided.
 
New update: It has been decided to probate the will, does doing this now protect the executor who sold the truck w/o the other signatures?
 
I am working on that. But basically she took the truck to a dealership and traded it on a new car by signing the affidavit of heirship and stating she was the only heir. I just do not know how to get it prosecuted. The DA in the city she did it in said civil first then if civil court decides then the criminal can be pursued. But I cannot afford atty. to sue.
 
entilzah said:
I am working on that. But basically she took the truck to a dealership and traded it on a new car by signing the affidavit of heirship and stating she was the only heir.
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That act alone is a criminal act that you can get her prosecuted for doing.
She isn't the only heir, is she?
She lied and committed fraud by declaring herself top be the sole heir.
This could be charged as "Falsifying government documents".
In Texas it is a third-degree felony punishable by two to 10 years in prison with a possible $10,000 fine.
There are other criminal charges that could apply.
That act should also get her removed as the executor of the estate.



Texas Probate Code:

http://law.justia.com/texas/codes/pb/000.00.iii.00.html


A little something about using the affidavit:

http://strickland-associates.net/2009/07/affidavit-of-heirships-texas-use/

http://www.lonestarlandlaw.com/Affidavits.html


entilzah said:
I just do not know how to get it prosecuted. The DA in the city she did it in said civil first then if civil court decides then the criminal can be pursued. But I cannot afford atty. to sue.
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Explain to him that she used an affidavit of heirship form to claim she was the ONLY heir.
She knew that to be a lie, because there are two, three, XXXX heirs, named, Curly, Larry, Moe, etc...
The affidavit requires you to take an oath before a notary.
She took the oath and lied, to sell the truck.
Hence, she committed a felony, "Falsifying government documents".
 
entilzah said:
I am in complete agreement with your statements, but how can the DA say it is civil?
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I have no clue.
Sometimes they don't hear what others say.
Sometimes they don't want to hear.
Sometimes we explain things one way, but the other person hears it another way.
Try, try, try again.
Sometimes it is painful and slow, but that can lead others to the discovery you want them to find.
 
Which county should I pursue this, the county that the truck was sold in or the county where my father-in-law resided and died in?
 
New questions same issue. My sister-in-law has fired the attorney that had been handling the estate citing breach of attorney/client privilege and giving erroneous information on their ability to sell the truck. Both of these reasons are bogus as he told them that all 3 signatures were required and he never gave any information on the case. They are seeking a new attorney and we suspect that they are trying to make sure my wife is not at the hearing to determine executorship. Does the will have to be probated in the county in which my father-in-law died or can it be done in a different county in Texas? Also, can they not give her information on when this will be done and who the new attorney is? One more thing, would it be possible for us to hire an attorney on contingency since we have nothing to lose if they succeed in leaving her out?
 
Speak to an attorney about these issues.

The initial consult is free.

Then evaluate and decide what you should do next.
 
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