Legal Question in Wills and Trusts in Massachusetts
My wife died without a will, and her car was in only her name. The debts in her name are higher than her assets (including the car). Must the car be sold to pay off her creditors, or can I get it without the creditors being able to touch it?
Also, what about her jewelry, including the wedding ring? Will the value of that have to be given to the creditors?
One Mass law says:
"Upon the death of a married resident owner of a motor vehicle registered as a pleasure vehicle in the commonwealth, and unless otherwise provided in a will, said motor vehicle, if used for such purpose, shall be deemed to have been jointly held property with right of survivorship and the interest of said decedent shall pass to the surviving spouse."
Does a regular car (Toyota Corolla), used for commuting, count as a "pleasure vehicle," or is that only for things like off road vehicles?
1 Answer from Attorneys
The car is a pleasure vehicle.
The issue of personal property is another discussion. You should open an insolvent estate with the Probate Court where she lived.
You will be required to submit the value of her personal assets, including clothing and jewelry. Unless creditors or another beneficiary disputes the inventory you file, the value stated for such items will be how you value them. The assets will be sold to pay the cost of administration, her funeral expenses and creditors.
If you would like assistance please feel free to contact me.
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