Q: My mother recently passed away in New Boston Tx, I live in Ca. Do I need to be in Texas to probate her estate?
Also after she died, someone she knew took both of her vehicles and has refused to return them. I've called the police and they said I need a court order for them to retrieve them. How can I obtain one? Do I need to be in Texas to do so?
A: You should hire a probate attorney in or near New Boston to probate your mother's estate. Since you reside out-of-state, you will need to designate someone in Texas as the registered agent for service on your behalf if you want to serve as the personal representative of her estate. Once you have been qualified as the personal representative of your mother's estate, you can file a suit for replevin of the two motor vehicles against the individual(s) who have possession of them. Your probate attorney can assist you with the appropriate paperwork.
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