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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption