How long do I wait for a Will to be probated before I can get rid of my mom’s car?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long do I wait for a Will to be probated before I can get rid of my mom’s car?

My mother died last October. She had me care for her car while she was in the hospital. Back then, my sister told me she helped my mother make a will a few years ago where she is the sole beneficiary. How long do I have to hold on to this car in my driveway before I can just get rid of it? I don’t believe my sister has done anything with the will so far and it’s bee 5 months. To piggie back on that, who is responsible for the excise tax bill on that car that just came in?

Asked on March 1, 2011 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Although I hate to start family problems I think that honestly they may exist regardless of the guidance here.  If your sister "helped" your Mother leave everything to her when your Mother was in such a fragile state, she might have unduly influenced her to leave you out of the Will.  By your Mother entrusting the car to you to care for while she was hospitalized it leads me to believe that you and your Mom had just as fine a relationship as your sister and your Mom.  If you Mom dies without a will you and your siblings would have inherited equally.  So now I think it may be time for you to get a lawyer.  And FYI your Mother's estate is responsible for her debts (the tax bill) not you personally.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption