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Can the beneficiaries

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Mommyof2Girls

Junior Member
What is the name of your state? Pennsylvania

Before my Uncle died he gave his car to his daughter. After he passed and when the lawyers got invovled they told my cousin she had to give the car to them so that it could be sold. The Will stated that everything my uncle owned was to be sold and the money was to be left to his 3 grandchildren, which are all his daughters children. She said okay and asked if she could buy the car, because he didnt have time to put it in his will that she was to have it. They lawyer sent her a "bill" for $9000.00 that had to be paid in order for her to keep the car. She then spoke to someone and they told her that the beneficiaries could sign a paper stating that she didnt have to pay for the car and could just keep it. Is this true? The children are all still minors and she will have guardingship of the money that they inherit. Does this make a difference? The lawyer that is in charge of the estate claims that she must pay for the car in order to keep it and if she cant pay for it will be sold and the children will get the money.
 


FESTINA

Junior Member
Something doesn't sound right here.
1) What name was the car registered in after the gift?
2) Who was listed on the insurance docs as owner and or drivers?
3) What evidence do the lawyers have that the car wasn't a gift before he died?
4) What evidence does your cousin have that it was a gift?
5) Would you testify in a discovery statement that it was a gift to your cousin?
6) The burden of proof probably lies with your cousin (seniorjudge correct me) and she should start gathering evidence.

7) Check the father's tax return just in case he listed it as a gift.
Good luck
 
S

seniorjudge

Guest
Q: Before my Uncle died he gave his car to his daughter.

A: If there was no title transfer, then he didn't give her anything; it was just a loan of the car. He did not intend for her to own the car or otherwise he would've put that in writing (i.e., via title transfer).


Q: After he passed and when the lawyers got invovled they told my cousin she had to give the car to them so that it could be sold.

A: Yes, if a person has property belonging to an estate, it must be turned over to the estate.


Q: The Will stated that everything my uncle owned was to be sold and the money was to be left to his 3 grandchildren, which are all his daughters children. She said okay and asked if she could buy the car, because he didnt have time to put it in his will that she was to have it. They lawyer sent her a "bill" for $9000.00 that had to be paid in order for her to keep the car.

A: Yes, the lawyers are duty-bound to preserve the assets of the estate for the beneficiaries.


Q: She then spoke to someone and they told her that the beneficiaries could sign a paper stating that she didnt have to pay for the car and could just keep it. Is this true?

A: No, because the children are all still minors


Q: because the children are all still minors and she will have guardingship of the money that they inherit. Does this make a difference?

A: A difference to what? She still has to buy the car from the estate if she wants it.


Q: The lawyer that is in charge of the estate claims that she must pay for the car in order to keep it and if she cant pay for it will be sold and the children will get the money.

A: That is correct.
 

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