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My brother in law died intestate a couple of weeks ago in…

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my brother in law died...
my brother in law died intestate a couple of weeks ago in Orlando. He owned almost no property except for a $17,000 IRA which named his brother, my husband, as his beneficiary. The only other thing of substance he owned was a construction truck, valued at approximately $11500 (and which he still owed approx. $6000, financed by his boss. His boss has offered to buy the truck from us for $5500. How can we most expeditiously get the truck into his boss's name so he can use if for his company?
Submitted: 8 years ago.Category: Estate Law
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7/6/2010
Estate Lawyer: Richard, Attorney replied 8 years ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 57,213
Experience: 29 years of experience practicing law, including tax and estate planning.
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Good evening. The IRA poses no problem because it passes directly based on the beneficiary designation. The truck poses a bit more of a problem. In order to transfer title to the truck, someone will need to petition the probate court to be named the representative for your brother in law's estate. Once appointed, the representative will be given documentation authoriizing him/her to act on behalf of the estate and the estate can transfer title to the truck on behalf of the estate. Until that happens, no one has the authority to transfer the truck title.

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 57,213
Experience: 29 years of experience practicing law, including tax and estate planning.
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Customer reply replied 8 years ago
Is there any way the truck could legally be used by the employer (who has $6000 equity in the truck, however, the title was in my brother-in-law's name) while the legal representative is being appointed by the probate court?
Estate Lawyer: Richard, Attorney replied 8 years ago
The trouble with allowing this is that the insurance that was in place at the time of death is not going to cover this; nor will the employer be able to obtain insurance.
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