Legal Question in Wills and Trusts in Illinois
my mother purchased a motorcycle for my brother in 2009 before she passed away last october. $2000 is still owed on the motorcycle. my brother passed away two weeks ago. the motorcycle is still in my moms name. can i sell the motorcycle to pay for my brothers debts even though its in my moms name?
2 Answers from Attorneys
You should consult with a probate attorney in the area where your mother passed away. There are numerous factors to consider, including whether you need to pay your brother's bills. It may be that you can handle a sale using a small estate procedure, if the estate qualifies, but I do not see that you can provide enough background on a site like this for a thorough analysis and response.
Why are you stepping up to cover your brother's debts? Do you wish to be appointed administrator of his estate? The lender with the lien on the motorcycle will need to be paid, if this is the only asset of any value your brother left, ask yourself if you really want to assume responsibility for administering his estate. If there are other assets, talk to a probate attorney as soon as possible to explore your options.