Legal Question in Wills and Trusts in New York
Deceased Left Boat
My father's will states that he left his boat and truck to me. The boat though was sold a year ago to an individual who has not finished paying for it. The individual owes about $10,000 on it. Since it was not paid for in full before my father's death, would the future payments go to me? His wife's attorney says that it would not... that it will go to his estate which he left to his wife.
His wife told me that even though the will states that the truck should go to me, her lawyer said that she is entitled to the truck. How can this be?
Please advise... Many Thanks
2 Answers from Attorneys
Re: Deceased Left Boat
In NY, by statute, motor vehicles belong to the surviving spouse.
As far as the boat, if the sale was conditional on all payments being made in full, you would be entitled, other wise no.
Re: Deceased Left Boat
You are correct in being cautious about this lawyer's statements.
The language of the will determines if you get the boat payments. If it was a standard, puchased form - then you will get the payments.
I do not understand why the lawyer insists the truck is not yours if the will indicates otherwise. Get a copy of the will. That is the only way to clear up this mystery.
You are welcome to a consultation for no fee.
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