Estate Law Questions? Ask an Estate Lawyer.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. My condolences for your loss.
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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.
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.
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.
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