Q: Can I sell my deceased mother's cars, her husband agrees, before going through probate, if we go through probate?
We (her husband, my step dad, and myself are the only heirs and are in agreement) are uncertain if we are going through the probate process in Texas but we are trying to liquidate assets in order to pay for lawyer's fees and we are wondering if we can use the affidavit of heirship from the DMV to transfer title to be able to sell the vehicles and then still go through probate later if we decide to go that route? The vehicles are solely in my mother's name and she has the titles (no loans).
A: The Affidavit states that you will not be offering the will for probate. If you plan on going the probate route, then you may want to hold off on using the Affidavit of Heirship until you've talked with a lawyer.
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