Legal Question in Wills and Trusts in Connecticut

Hi, my father has recently passed away and my family and I are going about handling his estate. He did not leave much with the exception of a car which was still solely in his name. The car in question is actually my brothers by right but not by law. My father had failed to properly transfer the car into my brother's name. Now amidst probate I was concerned we may lose the asset as creditors have emerged looking to absolve any of my fathers debt. My father did have a will granting any assets be given to his surviving spouse, my mother. I was wondering if my brother may lose his car as a result? Is it possible for probate to arrange a sale of the car without the fiduciary's cooperation? Please advise?


Asked on 6/30/10, 7:30 pm

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

In my opinion, it doesn't look good as far as your brother or your mother ultimately keeping the car. They may be able to use it pending settlement of the estate. The court could order the sale of the car if the debts of your father exceed it's value. You should talk to a lawyer since I don't really have a lot of facts to give a final opinion.

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Answered on 7/03/10, 4:28 am


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