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Loren, Attorney
Category: Estate Law
Satisfied Customers: 29102
Experience:  30 years experience in the practice of estate law.
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My husband and I purchased a SUV in 2012 this was a cash

Customer Question

My husband and I purchased a SUV in 2012 this was a cash purchase. The Escalade that we purchased was a 2008. My husband died in June of this year, he did not have a will or insurance and he had adult children from other relationships. We were married in 2011. I had to open up an estate because he died intestate. My question is: will I have to sell the SUV since his name was the only name on the title?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. My condolences for your loss.

Expert:  Loren replied 1 year ago.

Are you online with me?

Expert:  Loren replied 1 year ago.

You do not have to sell the SUV, but, since it was titled solely in your late husband's name, it is an asset of the probate estate.

Expert:  Loren replied 1 year ago.

In Maryland intestatate succession you, as surviving spouse, are entitled to $15,000 plus one half of the remaining estate. The other half is divided among the adult children

Whether the SUV is in your half depends on how you and the children elect to divide the estate, but their is no legal requirement that it be sold if it is transferred to you.

Expert:  Loren replied 1 year ago.

Certainly, this all depends on the ability of the estate to pay its debts. The SUV, as an asset of the estate, is subject to claims by credtors of the estate and if there is not sufficient cash to satisfy the valid claims then the SUV may, indeed, need to be sold to raise cash.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

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