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Can an executor of a will use the vehicle of the deceased or transfer the title

Port Richey, FL |

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

Attorney Answers 4


  1. 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.

    The information contained in this posting is provided to you “AS IS” and does not constitute legal advice. I am not acting as your attorney. I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this posting and its associated sites. The law changes very rapidly and, accordingly, I do not guarantee that any information on this posting or linked web sites are accurate and up to date. Additionally, the law differs from jurisdiction to jurisdiction, and is subject to interpretation of courts located in each county. Legal advice must be tailored to the specific circumstances of each case and the tools and information provided to you may not be an appropriate fit in your case. Nothing that you read or is provided on this web site should be used as a substitute for the advice of competent legal counsel in your jurisdiction.


  2. 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.


  3. 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.

    The information contained in this answer is not,nor is it intended to be, legal advice. Please consult an attorney for information related to your specific situation. Further, this answer does not form an attorney-client relationship between the attorney and the individual(s) or entity requesting information.


  4. 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.

    marcos@martinezanda.com Office tel: (561)245-4723 Website: www.martinezanda.com. The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.

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