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Auto payoff in probate?

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Rudyd

Junior Member
What is the name of your state?
California

My father willed to his wife (my stepmother) his 5 month old financed car.
The will states "I give my Mercedes to my wife".
His wife is the executrix of his will and she asserts that the will means to
payoff the car ($40,000) at the cost of my small inheiritance.
I don't believe that my father can give the car without having title. Only
his interest in the car.
I was warned by her that there is a no contest clause in the will and if
I contest the car being payed off I will get $1.00.
What would be the probate rules on this?
 


divgradcurl

Senior Member
Rudyd said:
What is the name of your state?
California

My father willed to his wife (my stepmother) his 5 month old financed car.
The will states "I give my Mercedes to my wife".
His wife is the executrix of his will and she asserts that the will means to
payoff the car ($40,000) at the cost of my small inheiritance.
I don't believe that my father can give the car without having title. Only
his interest in the car.
I was warned by her that there is a no contest clause in the will and if
I contest the car being payed off I will get $1.00.
What would be the probate rules on this?
Generally, unless the will so states, the beneficiaries get whatever it is they have willed to them with all liens still attached -- the estate does not satisfy the liens unless it is so stated in the will. As far as the no-contest clause is concerned, take a copy of the will (if you have one, or you can get one from the court where probate has been opened) down to a local attorney for review.
 

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