Post # 1
I know it can vary by state to state, but I wanted to see if anyone has any experience with this. My father passed with very little property, no will and no executor. All he owned was a motorcycle and my car which I have driven for 5 years, but was in his name. My brother has started filing the paperwork to settle the estate through probate and was granted executor to settle any debts, which there weren’t any.
As executor, does he have the right to sign the car over to me? It is becoming troublesome and I want to trade it in before it gets worse, but probate is going to take 6+ months, just to allow creditors to claim any debt (which there isn’t any).
I’m not even sure if my brother is considered executor, but he is the person managing the ‘estate’ so he has access to my dad’s bank accounts to pay bills that may come up etc. Thanks!
Post # 3
I am not a lawyer. This is not legal advice. This is only a quote from a website that I found on probate law in massachusetts. Note that at the end of the quote, it says that some of these provisions have changed in 2012.
4. What if the deceased did not execute a Will?
It is commonly said that everyone has an estate plan: either the one you design or the default plan set forth in the laws of the state in which you reside at the time of your death. For example in the Commonwealth of Massachusetts, if you are single your probate property without a will passes equally to your mother and father or the survivor. If you are single, with children at death, your property will be distributed equally to your children. However, if you are married with children at death, then your spouse will only inherit one half of the assets, while your children will inherit the balance.
Since it may not be your wish that your property passes to the beneficiaries that Massachusetts designates for you, it is recommended that you specify who, and in what order, you would like your intended beneficiaries to receive your property.
Please note that under the recently enacted Massachusetts Uniform Probate Code, these default provisions will change when the law becomes effective in 2012.”
Again. I am not a lawyer. This is simply what I found when I googled some information. I cannot give legal advice.