What can I do if my dad is dying of cancer and wants me to have his truck but my mother wants to sell it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my dad is dying of cancer and wants me to have his truck but my mother wants to sell it?
It has been a long battle and he is now suffering. My dad has a truck, nothing too crazy or expensive but it is paid off and is only in his name. My mother wants to sell it but I want it because it is sentimental to me and I want to have it. My father has stated he would like to see me keep it as it was his “baby.” He does not have this in writing and right now he is unable to sign any documents stating that he wants me to have it. I do not want my mother to sell the truck and have talked to her about it but she doesn’t care.
Asked on May 29, 2014 under Estate Planning, Massachusetts
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your Father's illness. It must be a very difficult time for all of you and I can surely understand your wanting to have the truck as a memory of your Father. If it is only in his name it will have to go through his estate during probate and the person in charge of the estate (the Personal Representative or Executor) will have to distribute either according to the Will or your state intestacy statute. Massachusetts does require that Wills be in writing to be valid (and signed by the Testator). If the estate needs funds the PR can sell items to fund paying off debts. Now, there is a lot more information that is needed here to let you know who would get what and what could happen to the truck. If there are other potential heirs then things must be divided evenly. Perhaps your Father can express his wishes to your Mother and that will soften things. But it may be too much of an emotional time for everyone to discuss things calmly. Don't spend the time you have left with your Dad over shadowed by this issue. Good luck to all of you.
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.