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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10484
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My Mother just passed away, leaving me her Honda Accord. My

Customer Question

My Mother just passed away, leaving me her Honda Accord. My brother took the car to sell it for me. Since it was left to me in her will, does the liability fall to me (should I have it insured in my name)?
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

Unless a disclaimer is sent to the personal representative, disclaiming (rejecting) the property, the property would belong to the individual to whom it was deeded. That would require changing title, along with getting insurance on the vehicle. You mention the brother is selling it- is the brother the personal representative?

Customer: replied 1 year ago.
No, he's not. Nor do I trust him.
Expert:  LegalGems replied 1 year ago.

The person selling the car needs to be the executor in order to have legal authority to sell it, or the rightful heir.

Expert:  LegalGems replied 1 year ago.

If the car was taken without permission then the executor would need to attempt to retrieve it, if it has not yet been "disbursed" to the rightful heir.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.