Legal Question in Wills and Trusts in California
Financed Auto in Probate
My father willed his car to his wife and she is the executrix. She claims the estate will payoff the car.
His will only reads ''I give my mercedes to my wife''
Is it true that Ca. Probate Code requires the car to be paid off or does she need to assume the lien?
My arguement is how can he will the car to her without having title or expressly stating to payoff the car in his will.
Thank You.
Asked on 10/20/05, 5:59 pm
1 Answer from Attorneys
Chris Johnson
Christopher B. Johnson, Attorney at Law
Re: Financed Auto in Probate
It sounds like she'd take the car subject to the lien. Probate Code section 21131 says that a specific gift passes to the recipient subject to any lien existing at the date of death, "regardless of a general directive to pay debts contained in the [will]."
Answered on 10/20/05, 6:47 pm
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