Legal Question in Wills and Trusts in Massachusetts

estate/executor/heir question

brother & sister estranged from mother. upon her death, the uncle/aunt took care of burial.

a lawyer contacted the bro/sister

asking them to sign over executor to the uncle so that he could be reimbursed. they signed. when the form came in the mail, the list of assets were not included.

By phone, aunt contacted the bro/sister advising that there was a 2006 car, jewelry and after burial/medical bills paid, money would be leftover. They told her they wanted the car and didn't care about the money. No communication for 3 months, then

aunt called asking to buy the car, but bro/sister said no and they needed it. Aunt said that they could come down and get the car anytime, but then said she said there was a problem with the title and would get back to them.

Another month went by. Bro/Sister called the uncle/aunt's lawyer and asked what was happening. Asked for a copy of the estate assets which were then mailed to them. Found that the estate had listed $26,000 cash and the 2006 car.

Called lawyer again asking for the car, now 2.5 mos later, they receive a letter from lawyer saying they have to buy the car from estate & pay storage. Do they have to buy the car since they're heirs to estate, if claims did not exceed est value?


Asked on 9/19/08, 4:58 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: estate/executor/heir question

My condolences on your loss.

You should retain an attorney to review the Will or if no Will to review your rights as the "executor" or "administrator" is only entitled to recover their expenses and a reasonable fee for their time expended, unless they are also named as beneficiaries in any Will. Good Luck.

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Answered on 9/20/08, 10:46 am

Re: estate/executor/heir question

No you should not have to pay for the car unless their are claims against the estate in excess of the value. However, if there is a note on the car, then you might have to pay-off the note in order to have the title transferred.

I suggest you get a copy of everything filed in the estate and talk to the attorney briefly and if you do not agree or understand what is going on, get your own attorney. The burial cost, should not be $26,000. However, if there were other debts, you might have to buy the car or at least cover the unpaid debts.

Good Luck.

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Answered on 9/19/08, 5:07 pm


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