My grandma just passed recently and left me her car - an 06 civic - that still has a 4500 loan owed on it. Her will states to pay off enforceable and just debts, and then specific items she left, like the car to me are listed out. My mom and uncle are co-executors and it has been a huge battle, and she is worried that he will attempt to sell the car rather than agreeing to pay it off because she still owes money on it and there has been talk that she couldn't give it if it's still owed on, so that it isn't really mine. Wondering if he has the right as a co-executor to attempt to do this? Or where does his "power" lay in this matter?
There are a lot of issues here....whether the co-executors can act independently (probably not) and whether the estate will need to sell the car to pay bills in general, and whether the language of the will calling for payment of debts calls for the lien on the car to be paid.
I assume the estate is proceeding with the assistance of a probate attorney. Since she is a co-executor, she should discuss her concerns with the probate attorney.
This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.
To be able to accurately answer your question I would have ask for more information (for example, is the estate solvent?). I recommend you contact an experienced probate attorney to help you.
DISCLAIMER: The information contained in this answer is based on Oregon law and is subject to change. It should be used for general purposes only and should not be construed as specific legal advice by Fitzwater Meyer Hollis & Marmion, LLP, or its attorneys. Neither this answer nor use of its information creates an attorney-client relationship. If you have specific legal questions, consult with your own attorney or call us for an appointment.
Co-executor required to do as instructed in will.
If instructed in will to pay off debt before distributing vehicle to you, he must do as instructed.
If estate insolvent, he does not have to pay debt before transferring vehicle to you.
Review of additional facts and will required to opine further.
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