Legal Question in Wills and Trusts in Pennsylvania
My mother-in-law and her brother are set to inherit a vehicle from their father's estate. They were just told by a paralegal that, since it was left to both of them, one would have to buy the other out. Is this true? If so, couldn't they take joint ownership of the vehicle and register it jointly?
2 Answers from Attorneys
What does the lawyer the paralegal works for say? Especially since the paralegal has engaged in the unlicensed practice of law.
{John}
I generally agree with Attorney Davidson but we do not know all the facts here and this is hearsay on hearsay (paralegal said something to executor or heirs who said something to you who is now telling lawyers here). Maybe the paralegal was relaying what the lawyer for the estate indicated. I don't know. I am just saying we cannot be too quick to waive the unauthorized practice of law flag.
Now, I don't quibble with the paralegal's advice. How is it that one car is going to be split between 2 people? Use some common sense. Is mother-in-law going to drive it 3 1/2 days a week and her brother the other 3 1/2? Or should the car be cut in half, Solomon like, and the car equally divided. Ever try to drive half a car, especially the side without a steering wheel? Or will they alternate weeks? Who is going to pay for gas, tags, insurance? Liability for the car is going to be a huge factor since both will be liable if one is driving and is at fault and in an accident.
I see nothing but headaches here with joint ownership of car by two people who are not married. If neither can decide who gets the car there is an easy answer. The executor sells the car for fair market value to any willing buyer or he has an estate sale and auctions it off. Mother-in-law, her brother and anyone else can bid for it. Car goes to highest bidder; net proceeds get divided equally between brother and mother-in-law. Everybody is happy. Otherwise, the one who wants it should buy out the share of the one who needs it less. If money is an issue, then someone can have his/her share reduced if there are other assets in the estate OR the person who buys the car can do a proper bill of sale and pay 1/2 the car's value to the other.