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Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 4063
Experience:  30 years of experience
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My parents died and their will did not mention anything with

Customer Question

My parents died and their will did not mention anything with their car. My sister who is the executor transferred the title to me after their death with no strings. No in my final estate payout she deducted a blue book value from my
Is that legal
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Hi Terrie. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? You mention that the will did not mention the car.....what did the will say as to who was to be the beneficiaries of the estate? Thanks.

Customer: replied 1 year ago.
Also my dad opened credit cards for me before he died as long as I agreed to apt them off which I agreed to. I gave my sister the executor an accounting of the balances and she signed the document stating that she will not wothd any of my trust payout understanding I would payoff balances in good faith. Now in her trust account document she stayed she is withholding the amount of the credit card balances out of my payout until she gets an accounting of zero balances
Can she do that in az after she sighed me paper indicating that she would not withhold my money
Customer: replied 1 year ago.
Last question
Is withholding 38000 to cover final estate return for a 360000 family estate divided 5 ways considered excessive
My parents had minimal debt if any
Expert:  Richard replied 1 year ago.

Were the credit cards in your name or your dad's name? Also, with regard to the $38, that supposedly for the final estate tax return?

Customer: replied 1 year ago.
1. The car
The beneficiaries if the estate are my 4 other sibs and myself the estate was their home and furnishings but no mention made of the car. I used their far often before they died as a reliable vehicle to take them to dr3 payout
Yes the 38000 is supposedly to cover final estate return -my sibs and I thought that should be significantly minimal but she's give us any data on how she came up with that figure2 credit cards some were in both our names some just his name 50/50
Customer: replied 1 year ago.
Expert:  Richard replied 1 year ago.

Thanks for responding. I've just been asked to research various issues for another customer and want you to be able to receive a timely response rather than having to wait. Given this, I am going to opt out so another expert can timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Gerald, Esq replied 1 year ago.


I am a different expert. Please give me a minute to review your postings.

I see that you would like a phone call. I can arrange that for you, but there is an additional charge for the premium service. Let me post you an offer while I review your situation. I will provide you a discounted rate since you have been waiting.

Kind regards,


Customer: replied 1 year ago.
I do not want a phone call online will suffice thank you
Expert:  Gerald, Esq replied 1 year ago.


Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

In regard to the phone call, we can do that if you want, but I really do not want you to spend extra money. So we can post back and forth without any additional costs to you.

In regard to your questions let me try to take them in order:

1. The car

The executor is obligated to be fair and even handed in regard to the estate and each beneficiary. As to the car she has a choice to sell the car at fair market value and distribute the proceeds evenly among the beneficiaries. If the other beneficiaries waived their interest to the car she could transfer it to you without making an adjustment. If the other beneficiaries do not waive their interest then the executor needs to make the adjustment for the value of the car. You may be able to dispute the value of the car, but it is reasonable that its value be offset from your share of the estate to be fair to the other beneficiaries. If she did not make the adjustment the other beneficiaries would have a basis to complain.

If you get written waivers from your other siblings (including the executor) she can waive the adjustment.

2) The with holding: The Estate can not be closed until all debts, expenses, and taxes, are accounted for and the estate has has received tax clearances from the IRS and the state. It is common to either wait until all debts and expenses are paid to make distributions, or with hold a percentage that will cover the expected debts and expenses and has distributed all assets on hand. A 10% hold back is a fair rule of thumb. Once the expenses, taxes and debts are paid the remainder must be finally distributed.

3) Since the debt is yours and not the estates, again the executor must act to protect the interests of all the beneficiaries. (Just like with the car.) This applies just to the credit cards that are in both names. The cards that were in your father's name only were his debt and unless you had a written agreement those cards should come out of the estate and not your share.

This link has useful information on the process:

Please also note that the executor can pay herself some funds for the time and trouble of being executor

I understand that some of the information may not be what you wanted to hear. I am sorry about that, but I would not want to mislead you into taking action or a position that would be harmful to you. I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


Customer: replied 1 year ago.
Thank you for your straightforwardness - that's what I am looking for. One last question
Can I ask my sister to provide a copy of the final estate tax return she submits or is that private I formatin we all ha e a definite trust issue with her
Expert:  Gerald, Esq replied 1 year ago.


Thank you for the additional question. I apologize for the delay but I was called away for a bit.

Yes. Beneficiaries are entitled to see all the records relating to the administration of the estate including tax returns.

I hope this additional information is helpful to you.

Kind regards,


(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)