Legal Question in Wills and Trusts in New Hampshire
I am executrix of father's estate. His ex-wife, my mother led me to believe she wanted the care and therefore paid off balance on loan of vehicle and I signed over title. My mother in turn gave the vehicle to my sister without my consultation. Do I have any retribution for the value of the vehicle?
1 Answer from Attorneys
Once the Executrix releases title to an asset, the Estate has given up all interests in that item. The only time there may be an exception is if a Creditor has a claim against that asset or the estate. However, releasing title if there is a creditor with an interest could result in personal liability of the Executrix. Once you titled the car to your Mother, you accepted the payoff of the car loan as fair market value and the vehicle became hers to do with what she wished. Your mother could have sold the vehicle or given it away and you no longer have any recourse or right to decide what happens to that vehicle.
This correspondence is pursuant to an informal inquiry and NOT due to an attorney-client relationship (which can only be formed by a signed Fee Agreement or Engagement Letter between yourself and Attorney Burnham), I have responded to your inquiry according to the laws of New Hampshire and/or Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.