Legal Question in Wills and Trusts in New York
will filed in Florida decedent lived in NY and FL
my deceased fathers will was filed in Florida he owned real estate jointly with my mother in NY & FL, he owned two cars in his name only,
titled/registered in FL. He had no will filed in NY, terms of will were to sell both cars & split equally between four children, those were only terms of will. Is mother owner of cars & is this a valid will?
1 Answer from Attorneys
Re: will filed in Florida decedent lived in NY and FL
Will disposes of cars. Executor has duty to file Will and carry out its terms. If mother is executor, she has authority and obligation to carry out the sale and disburse the proceeds, as Will provides. Possible problem: If remaining personally owned assets are insufficient to pay funeral expenses, final bills and debts, cars can be sold and proceeds first applied to pay these items, before anything is disbursed to children. Jointly owned assets pass outside Will and are not subject to Will provisions on payment of these expenses.
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