Is an estate responsible to pay for auto repairs for a car that is part of an estate?

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Is an estate responsible to pay for auto repairs for a car that is part of an estate?

My husband’s estate is in probate to be shared with me and my 2 sons. His car is part of the estate and recently needed some repairs. Do I pay the bill since I am

driving it or does the estate pay?

Asked on September 14, 2016 under Estate Planning, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the estate has not yet been probated and the assets (e.g. the car) distributed, then the estate has to pay for repairs and other upkeep/maintenance. If the car has already been distributed to whomever will receive it, then the person(s) who got the car need to pay. So the issue is of timing. Based on what you write, it seems that probate is not done, and so the estate would pay to maintain and preserve this asset.


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