If my father passed away recently and in his Will he promised me his car, do I still have a right to it if the estate is insolvent?

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If my father passed away recently and in his Will he promised me his car, do I still have a right to it if the estate is insolvent?

Do I still have the right to my deceased father’s car in an insolvent estate?

Asked on April 22, 2012 under Estate Planning, Ohio

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for yourloss.  Generally speaking, if the estate is insolvent any of the assets that are there will be used to pay off the debt that can be paid.  So it is unlikely that you will be receiving the car.  If the car has sentimental value and very little street value consider making an offer to the estate for it.  Good luck.


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