What to do about an inherited van?

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What to do about an inherited van?

When my grandmother died she left my mother in charge of the probate. My mom gets the house, but in the Will states that a van was to go to me and my mom, with me having full use and responsibility for the van. Now my mom wants me to pay her for the van or she is going to sell it. From what I have gathered I should not have to pay anything because that was the only thing I inherited and the amount of the van does not exceed the amount when you have to start paying inheritence tax.

Asked on January 17, 2011 under Estate Planning, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are certainly correct and by most state law regarding probate and regarding executrix's of the estate (female executor), she is in trouble for committing fraud on the estate.  An executrix cannot extract money from you when a) it was not part of the estate plan and b) when she is a joint owner and you are a joint owner.  Why would you pay to keep your own property.  If you are a minor, you need to go back to court and see if there is something that can be done for you in this situation -- who knows, your mom may become liable to you for more than you think for the antics she is pulling.  However, if you are not a minor and an adult, you should still go to court because at this point she has absolutely no cause to threaten what she is threatening.

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  You need to be aware that the Executor - or Executrix in this case - is backed by very powerful laws that allow her to do what is necessary to fulfill the wishes of the decedent and hopefully what is best for the estate.  The way that you have phrased the question, tough, it sounds as if your Mother is not acting in the best interest of the estate and is instead attempting to exert control over you as her son for whatever reason that she seems to have.  If you believe that she is not acting in the best interests if the estate and is instead being retaliatory then you need to make an objection or to challenge her on this issue. You can also demand an accounting be done.  It is not easy to do alone.  You may want to consult with an attorney.  At the very least go and speak with the clerk and ttell them that you need to file an objection of some sort to what is going on.  Although the clerks can not give legal advice they are very helpful.  Good luck. 


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