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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37072
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mother in law passed away last month and she has verbally said she wanted my husband to

Customer Question

My mother in law passed away last month and she has verbally said she wanted my husband to have their car. My sister in law has heard this too. it's almost brand new. My father in law is still alive but with dimensia. My brother in law who is executor is trying to make my husband buy the car or he is going to sell it. My sister in law disagrees with him selling. Neither my husband or his sister will stand up to their brother. This is what his mom wanted. Does my husband have any recourse. Or does his brother have all the say
Submitted: 2 years ago.
Category: Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Unfortunately, mother in law's verbal wishes wouldn't trump any will she might have had or state intestacy law if she didn't actually make the gift to him prior to her death.
So legally the brother is correct because he has a legal duty as executor to gather all mother in law's assets and liquidate them to pay any funeral expenses, then any debts, and then disburse the surplus to the legal heirs.
He doesn't have the legal authority to agree to give the car to your husband because either mother in law's will or state law would control the disposition of her assets.
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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