Legal Question in Wills and Trusts in North Carolina

Verbal does not count. That is the whole purpose of a will - to make people write it down. If the vehicle is not specifically mentioned, is there a general clause covering either residue or personal property perhaps? If so, who is to receive that or is property to be shared equally between you and your brother?

You say you and your brother are co-executors. Why then does he solely get to make the decision as to what will be sold? Is it even necessary to sell the vehicle? What other assets are in the estate? What other debts?

There are a couple of ways to do this but it depends on what the will says and what other assets and debts there are. Technically, if the vehicle is to be sold to you, the estate is selling the vehicle and you have to pay fair market value into the estate for the car, not just 50%. The money goes into the estate and then is used to pay any claims. Anything left will be split as the will directs; if its 50/50 between you and your brother, then you get 50% of the net estate.

If there are some assets in the estate but only a little is needed to pay any claims, then add enough money into the estate to satisfy the claim. Have an agreement drawn up that the money is a loan to the estate to be satisfied by transferring the car to you.

Do you have an estate attorney? If so, you and your brother need to discuss with the attorney. If not, then maybe you would benefit from having a consult with one. You do not need to hire the attorney to administer the estate but it will help to have someone look over what you have and come up with the best way to handle this and any other issues so that the estate administration can be completed efficiently and fairly.