Tips on Buying Cars: Change of Car Title, distant uncle, heirship

Question
QUESTION: My Grandmother died and we cannot find her signed Will. However, I have a distant family uncle who is trying to become the executor of her estate now that she has passed.  I was very close to my grandmother and she did not want my uncle to have anything. Can I get a heirship aviffdavitt signed and transfer my grandmother car title into my name. If so, what can my uncle do to me if he becomes the executor of her estate, and the cars title is transferred into my name..

ANSWER: Rick,

You can not get an heirship of a vehicle without the signed copy of a last will and testament.  In order to for your distant uncle to get control of her estate he would have to go to court either way, as would you, unless you find a copy of a will.  You really need to find that signed copy of her will, without that you have a very costly court battle on your hands to gain the title of that vehicle as does your uncle.

Thanks - Jb

---------- FOLLOW-UP ----------

QUESTION: Thanks for your timely response. I paid Title Service company to get my Grandmothers Title transferred into my name. The Title Service company had me to fill out a heirship affvidavitt and a couple other docs+ there fee to do it. When they down to the regristration office the people held them up and said that there was some kind of restraint on the car. ( It has been reported stolen by by uncle whom I have not seen in 5 yrs.) I now have to take the car down to the Police station and, go through the procedures for getting this restraint taken off. I'm affraid the Police will arress me, when i bring the car to them. I have spoken with the Police department and they told me that everything will be fine just bring the car up to them. Once they clear the car then i can get the car registered. Should i go to the Police station , will they aress my family and I. I have not stolen anything.

Answer
Rick,

That is an interesting situation.  I don't know how your Uncle could report the vehicle stolen when it is not in his name.  I doubt that the Police Department will arrest you or your family.  Again, if he isn't the registered owner then he can not report the vehicle stolen.  Go down and lets see what happens.  Nothing bad should happen.  Simply explain the situation to them and they should release the vehicle.

Hope everything works out. Let me know how it all goes.

Thanks - jb