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probate and the decease's vehicle

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miamouse66

Junior Member
What is the name of your state (only U.S. law)? California.
My mother in law passed away in November. In her will she has left everything to her 2 children. The will was dated in 1989. She told her daughter who will be listed as the executor what she wanted verbally done to some additional items.
For instance her car she bought back in 2007. She told her daughter she wants her son to have it.
Well the othe day we meet with the sister to discuss the bills that have come from the funeral and a couple of other things.
She told us they hired a probate attorney and that he stated that my mother in laws car needed to be parked in the garage and locked.
For how long she wasnt sure. Because it was part of the estate.
The vehicle was paid off at the time of purchase and it has insurance.
Here's the questions. If the vehicle needs to be locked up does that mean that the entire estate has to be as well? My sister in law has my mother in laws jewerly that my mother in law gave her at the hospital to hold for her. She never came out of the hospital. The night before the surgery she gave my husband the car and told him keep it until i get out. She never did.
Someone mentioned if we were to get our own insurance then the car would just have to be appraised and my husband could take the car. Get all the cars paper work transfered to his name.
The amount that the car was valued at would just be deducted from my husbands share of the estate. Is this correct?
My sister in law gave us 2 days to find out what can be done in this situation.
My sister in law stated she has no problem with my husband having the car right now in fact she said we could possibly ask the judge if the car can be expediated so we can have use of it.
Hopefully someone might be able to answer these questions for us.

Sincerely,

Lost in Confusion

Ps Shouldnt the probate attorney's information be given to my husband as well in case he has some questions he would like to ask? We dont even know his name.
 
Last edited:


anteater

Senior Member
One of the duties of the executor is to safeguard the assets of the estate. The executor can be personally liable if something happens to those assets. So, placing the car in a safe place and maintaining control of the keys is a reasonable precaution.

While your mother's oral instructions do not carry any particular weight, it sounds like the sister is willing to work toward an agreeable distribution. I am not completely knowledgeable about California probate - particularly whether the court must approve all distributions of assets. In many, if not most, states, the executor has some discretion. I am not positive if that is the case in California.

Ps Shouldnt the probate attorney's information be given to my husband as well in case he has some questions he would like to ask? We dont even know his name.
The attorney is retained by and works for the executor. If the executor is OK with the attorney taking direct calls from the beneficiaries, that's fine. But, the attorney is under no obligation to speak directly with you. Why not just ask the executor for the name and permission to call?
 

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