Legal Question in Wills and Trusts in Pennsylvania
A friend's mother passed away recently. She was left as the beneficiary and executor to the will, including her mother's car. We'd like to purchase the car. Does she have to transfer the title to herself, then us, or can she somehow sign it straight over to us?
1 Answer from Attorneys
Whoa. First of all, where did friend's mother live? Is friend the executor? Has friend probated an estate for her mother? Is it even necessary to sell the car? Depends on how the friend wants to do this and if there are other beneficiaries in the estate. Assuming friend has been officially appointed as the executor, friend can take charge of assets and sell the car directly to you. However, proceeds from the sale of the car go into the estate and will then go to pay creditors or for other expenses. Anything left will pass to whoever gets the residue in the estate or split among the children of the deceased. If it is NOT necessary to sell the car and if your friend wants to keep all the car proceeds, then she should wait until the estate is closed and transfer the car to herself. She then can sell the car to you after title is in her name.
The friend should really consult with a probate attorney who practices in the county/state where mother lived at the time of her death. I don't know what all mother owned, what claims there may be, how many other beneficiaries there are or even where mother lived. All of this could change my opinion so that is why your friend at lease needs to consult with a probate attorney.