Legal Question in Wills and Trusts in Massachusetts
My uncle recently passed away. he did not have a will and we were told after probate the assets would be divided amongst myself and my 2 siblings. How do we handle his car that it paid for?
3 Answers from Attorneys
The car is counted in the probate, and can be sold and split the proceeds. If you have any questions feel free to contact me.
The car is part of the estate. It can be sold and the money divided or one of you can take it and the others can be credited their portion in the division of the rest of the estate.
If you need assistance please feel free to call me.
I agree with the previous two attorneys, and let me add that I am sorry for the loss of your uncle.
The automobile is simply considered an item of personal property and passes along with the rest of the probate estate. How the estate is divided depends entirely upon which family members survived your uncle.
Someone will need to become appointed administrator of your uncle's estate to gather and administer his estate according to court rules and procedure.
If you would like some assistance in carrying out your duties as administrator, please do not hesitate to contact our office.
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