Legal Question in Wills and Trusts in California
Does Executor of Will have rights over the surviving spouse
If the son is the executor of the Will, not probated. surviving spouse returned a financed vehicle. The son wants to keep the vehicle. Does spouse's rights to the vehicle oversee the son, who is on the Will as executor?
1 Answer from Attorneys
Re: Does Executor of Will have rights over the surviving spouse
As executor, the son has almost no power [can act in case of emergency to save assets]. The mother can return the car, especially if she is paying for part of the monthly billing. She should move him forward to file the Will for probate if the assets are over $100,000. If he will not do so, anyone can file the Will and start the probate process [there is a large filing fee]. There is no apparent advantage in waiting.
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