How long do I wait for a Will to be probated before I can get rid of my mom’s car?
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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 13 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.
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