Skip to main content

How is value of vehicle determined in brother's estate - no will and estate will be insolvent?

Charleston, WV |
Filed under: Probate

Sister is next of kin. Nursing home bill of $14,000 only debt. Brother's friend will be administrator as sister is out of state. Funeral home bill has been paid.

Attorney Answers 1

Posted

If there are no other assets to probate, then you may be able to use either a small estate proceeding or a non-probate proceeding to get title to the vehicle changed into your name. In most cases like this, the creditors are simply out of luck. You might benefit from a short consultation with a probate attorney.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Mark as helpful

1 found this helpful

2 comments

Asker

Posted

Is the court going to tell us how much to sell the vehicle for or what it is worth?

James P. Frederick

James P. Frederick

Posted

With either small estate or non-probate proceedings, the court is generally not involved at all. I doubt that the court would get into valuation issues, anyway. They would probably leave it to YOU to provide evidence on valuation, which they might then support.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics