Legal Question in Wills and Trusts in California

Right of Executor of Will & Testament

In CA, does the executor of Will have the rights to a financed vehicle over the surviving spouse?


Asked on 5/21/09, 11:36 am

2 Answers from Attorneys

Re: Right of Executor of Will & Testament

It depends on the contents of the will, whether the executor is a beneficiary as well and other matters. If the person is just the executor with no rights under the will, and the surviving spouse is beneficiary to the estate and the vehicle belongs to the estate then the answer is probably "no". You would want to consult an attorney to proceed further. You may contact me directly if you would like.

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Answered on 5/21/09, 1:14 pm
Scott Linden Scott H. Linden, Esq.

Re: Right of Executor of Will & Testament

It depends on the terms of the will. If the vehicle is a specific gift to someone under the will, then probably not. If not mentioned, then it should pass to the wife. Unfortunately, I'd need more details to provide a better assessment of the situation.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 5/21/09, 1:33 pm


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