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My siblings and I inherited my father's automobile as part…

Customer Question
Hi! My siblings and...

Hi! My siblings and I inherited my father's automobile as part of his estate. My brother--the executor--loaned the car to one of his workers. If there is an accident, are we all liable? Thank you!

Lawyer's Assistant: What state is this in? And how old is the car?

NY (though the car was originally registered in FL). I'd say it's about 10 years old.

Lawyer's Assistant: Have you contacted the manufacturer?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The registration had run out, and my brother said he was going to register and insure it in NY.

Submitted: 9 months ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
9/14/2017
Consumer Protection Lawyer: Lucy, Esq., Lawyer replied 9 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Once the vehicle is transferred out of your father's name into the name of you and your siblings, you are all responsible for any accident that is caused by someone driving the car, regardless of who authorized them to drive. NY Veh & Traff. Laws, Section 388. Only the estate is liable until the title is redone in your names, because technically, the estate owns the car.

One option here, if your brother wants to use the car as if it's his own, is for him to buy out the rest of you by paying your share of the equity (it would be evenly split unless your father left a will stating otherwise). Alternatively, any one of you siblings could file a lawsuit for partition, asking the judge to order your brother to sell the car and divide the proceeds equally among all of you.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Consumer Protection Lawyer: Lucy, Esq., Lawyer replied 9 months ago

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Lucy, Esq.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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