Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

AZ -A friend just passed a couple of weeks ago. She gave her…

Customer Question
AZ -A friend just...

AZ -A friend just passed a couple of weeks ago. She gave her car to the secretary of her church. The executor refuses to hand the car over and wants to drive the car out of state (Oregon) and drive it back and forth to do estate business. They have a car. Is it not the executor;s responsibility to disperse assets in the condition they were in when the owner passed? And can the executor withhold distribution os certain assets to suit themselves? I would like to know what the law is regarding the disposition of assets in AZ

Lawyer's Assistant: What state is this in? And how old is the car?

AZ - fairly new

Lawyer's Assistant: Has anything been filed or reported?

Decedent bought car just a couple of months before she died and only put 1400 mile on it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The will has been read

Submitted: 11 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
8/5/2017
Lawyer: Richard, Attorney replied 11 months ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,015
Experience: Attorney with 29 years of experience.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Ask Your Own Legal Question
Lawyer: Richard, Attorney replied 11 months ago

You are absolutely right. The executor is clearly out of line. The estate and its assets are not the executor's personal piggy bank. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate and and to timely administer the estate specifically pursuant to the terms of the will. If the executor fails to do so, any beneficiary can file a petition with the probate court to have him removed as the executor for breach of fiduciary duty. In this situation you describe, the church should inform the executor of the foregoing by certified letter and let him know if he does not transfer title to the car to the church within a short specified period of time, they will be filing a petiton with the probate court to have him removed as executor.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Legal Question
Lawyer: Richard, Attorney replied 11 months ago

Good evening. I'm just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,015
57,015 Satisfied Customers
Experience: Attorney with 29 years of experience.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My father (in Florida) just passed away. He has no assets.
My father (in Florida) just passed away. He has no assets. His home had a reverse mortgage which is way underwater and I want no part of it so the bank eventually gets it back through foreclosure. He … read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
My mother passed in October. She has a will. Everythibng is
Hello My name is***** mother passed in October. She has a will. Everythibng is split between me and my sister Anna. … read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
I need help with the probate process in Oregon. None. My
My mother died intestate and I am her only surviving heir. She was unmarried/unpartnered with me as her only child. … read more
Michael Bradley
Michael Bradley
JD
1,474 satisfied customers
Can my father who passed away in march and requested his
Can my father who passed away in march and requested his house be split when sold between his children and his wife be dispersed before she dies. She lived in a dementia home facility and he died in t… read more
Michael Bradley
Michael Bradley
JD
1,474 satisfied customers
My aunt is very sick, has not children, her spouse is dead
my aunt is very sick, has not children, her spouse is dead and has very little money. I am her niece and am worried about what happens when she dies. She has a will that names my parents who are both … read more
Michael Bradley
Michael Bradley
JD
1,474 satisfied customers
I have a question, My aunt died 10 years ago without a will
My aunt died 10 years ago without a will and there was a medical malpratice suit filed. My aunt had no children or husband. My mom was the beneficiary of the proceeds. A third cousin served as executor since she lived in the state where the death occured. She is not the daugher of my aunt. This 3rd cousin is demanding 1/2 of the settlement that my mom received. Can this distant cousin sue? There was no will. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
If a will is invalid in florida how are assets dispersed. My
HI if a will is invalid in florida how are assets dispersed. My father has a wife 2 daughters and 5 grand children … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,532 satisfied customers
My brother had a condo in Fl and I have passed my creditor
My brother had a condo in Fl and I have passed my creditor phase and I have no creditors to pay, but the Secretary of the attorney says I cannot use that money until 9 more months? That was not what h… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,804 satisfied customers
My wife was air lifted by helicopter they want to charge me
My wife was air lifted by helicopter they want to charge me 34,410.00 for a 20 minute ride. Shane passed away my question is am I libel for her,she had her own insurance ?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My Mother died 5/13/13. My sister & I are named in the will
My Mother died 5/13/13. My sister & I are named in the will as Co-executors. A family trust (1979) is being (remaining value $150,000./ one stock +high % in cash. Trustee is a non-existing/possibly me… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,804 satisfied customers
How does the 30-day rule apply to a will? Say if a couple
How does the 30-day rule apply to a will? Say if a couple dies within 30 days of each other does the will go in testate? or if a person and his beneficiary die within 30 days what happens with the wil… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My wifes mother has recently passed. She has one brother
My wife's mother has recently passed. She has one brother and one sister who is also living. The "Last Will and Testament" states that at the time of her (the mothers) death the remaining assets owned… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
WHAT ARE THE RIGHTS OF A MINOR CHILD 17YRSOLD. BOTH PARENTS
WHAT ARE THE RIGHTS OF A MINOR CHILD 17YRSOLD. BOTH PARENTS ARE DECEASED. THERE ARE TWO OTHER SIBLENS ( ADULTS) ONLY THINGS MOTHER OWNED ARE HOUSEHOLD ITEMS WHERE MINOR CHILD CHUSES TO LIVE AND A CAR … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
My mother died unexpectedly in the hospital. She was married
My mother died unexpectedly in the hospital. She was married to my Step Father, whom I was pretty close to since I met him about 12 years ago. Several months after her passing, my Step Father cut off … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
What is the current law in NC about martial property acquired
What is the current law in NC about martial property acquired before marriage? My father passed in July 2008 and now his 2nd wife wants $10,000 of property that was acquired many years before they got… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
My mother recently passed away. Her car insurance has been
My mother recently passed away. Her car insurance has been paid up until june of 2009. I must inform the insurance company of her death but she sold the car to my son 2 days prior to her death. Since … read more
socrateaser
socrateaser
1,031 satisfied customers
my mom died jan.28,2007. She left a will for the 3 kids to ...
my mom died jan.28,2007. She left a will for the 3 kids to divide equally. My brother is executor, and still hasnt filed a yearly acct. with the court yet. He wont tell me who the lawyer is, and wont … read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
My husband and I seperated almost two years ago but never ...
My husband and I seperated almost two years ago but never filed for divorce or legal seperation. He passed away two weeks ago and I want to know what my rights are to his possesions, for instance, a t… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x