My neighbor passed away recently and left me his 2012 pickup. The niece who is executor of his will plans to remove the truck and use it, I think she is intending on selling it
Estate Planning Attorney
If the Will states that you are to receive the vehicle, unless there are special circumstances (i.e., there is a surfing spouse and/or minor children who were left out of the will, someone needs to be reimbursed for funeral expenses and there aren't enough cash assets to cover it, etc.), the executor is required to transfer the vehicle title to you.
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It is the responsibility of the Personal Representative to safeguard the assets of the estate. If a Formal Administration has been opened, the Personal Representative will need to wait for the creditors’ period to end before distributing assets to the proper beneficiaries. If there are creditors, it may be necessary to sell assets of the estate to pay the creditors. If you have concerns about the vehicle, you should contact the attorney representing the Personal Representative.
I agree with Attorney de Perry. I would also add that Florida Statute 733.607(1) appears to imply a requirement, not just an option, that the personal representative take control of the vehicle if it is for purposes of estate administration. As Attorney de Perry noted, if the creditor period is not yet up, this could be one reason for holding the vehicle. I would suggest that you hire a probate attorney if you have questions or are concerned with the property being preserved for your benefit.
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I agree with all three of the above Attorneys. You have rights to the vehicle, but there are many reasons why it may not have been distributed to you. I would first ask the Personal Representative and she may be able to explain the situation in a way that can put your mind at ease. I am not certain that you need an attorney just yet, unless she has made it clear to you that she is going to somehow keep the vehicle away from you. Largely, you do not have a legal matter until that point.
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