If my daughter was left a car in her godfather’s Willand his family sold the car to pay for his funeral, is this legal?
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If my daughter was left a car in her godfather’s Willand his family sold the car to pay for his funeral, is this legal?
Asked on January 6, 2012 under Estate Planning, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for the loss ane wuld really have to look at the totality of the situation, including the Will and the assets that her Godfather left. First, only the peronal representative or executor of the Will has the pwoer to sell the car. Next, the funeral bill is given priorpty for payment from an estate. If there were no other assets or cash then it is possible that this asset needed to be sold in order to pay the funeral bill. If, however, you think that the executor had other chices and sold the car in breach of his fiduciary duty, then you need to seek legal help. Good luck.
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