Need to know what I can do if trustee/executor sells a vehicle legally given to me in estate.

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1. 

   James Frederick

   Livonia Trusts Attorney

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   Answered June 13, 2012 20:21. I agree with Attorney Kaufman's response, but I am not sure that you have provided sufficient information, or at least, I am not sure I understand your summary. Are you sure that the vehicle is/was a part of the estate, and was not titled in the name of the trust? If the Will leaves an item to you, but the item is owned by the Trust, then the provisions in the Will are trumped by the Trust.
   
   Of course, if the Trust ALSO includes a provision allowing for a list of personal items, AND if that list was attached to the Trust, as well, then the Trustee is probably on the hook for this.
   
   I would review this with your attorney and make sure that you are dealing with apples and apples.
   
   James Frederick

   *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more*** 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. less

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2. Licensed in CA

   

   Scott Kaufman

   Santa Clara Lemon Law Attorney

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   Answered June 13, 2012 18:49. We'll assume this was a commercially reasonable sale and ir-reversable? Have trustee explain the circumstances behind it and what s/he intends to do about it, in writing. Also, strongly consider getting your own attorney to advocate on your behalf.

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3. 

   Steven J. Fromm

   Philadelphia Trusts Attorney

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   Answered June 14, 2012 05:57. Both attorneys offer sound advice. The other possiblity is the estate is insolvent and has to sell all assets to pay debts, administrative expenses, taxes, etc.
   Get your own estates attorney to find out what is really going on here and where you stand.
   
   Hope this helps.
   
   Please remember to designate a best answer to your question.
   
   Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

   LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... moreLEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency. less

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4. 

   Joseph PippenPro

   Largo Estate Planning Attorney

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   Answered June 14, 2012 06:41. If the trustee made a mistake-the trustee would be liable for the consequences.
   If this had a sentimental value-it is never easy to put a value on your loss.
   If it is only a replacement-trustee would be liable in any cost difference.
   If it was on purpose-you may additional remedies.

   The answer given does not imply that an attorney-client relationship has been established and your best course of... moreThe answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter. less

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