Legal Question in Wills and Trusts in Georgia

1 of 7 heirs wishes to purchase a car from estate ($6000), estate value is 81000. Does this heir share in distribution of estate regarding this car? Thanks


Asked on 2/15/16, 10:49 am

1 Answer from Attorneys

Yes. If the heir is paying the full price ($6000) for the car, then the heir pays the estate $6000 and the estate transfers the car. Funds are deposited in the estate account and then the net proceeds in the estate after payment of bills are distributed to heirs as per the will. That is the best way to do it.

If the heir is buying the car but would inherit a piece of the car or all the car, that is a little different. In that case, the value of the heir's share of the car would be deducted from the purchase price and the heir would only share to the extent allowed in the will.

There are so many permutations here and it is very difficult to know what will apply without seeing the will. My answer is premised on the will saying something like "all my assets are to be sold and my net estate divided equally among my 7 heirs". The heir who buys the car is not getting something more than the other heirs as he/she is paying for the car.

Your question kind of makes no sense. I don't know what it means to share in the distribution of a car. Cars are generally left to one person as in "I leave any vehicle that I may own at the time of death to beneficiary A." If the will says that, then why does the heir need to purchase the car at all? Is there debts in the estate? If there are debts, then they have to be paid in a specific order but sometimes it is necessary to sell assets to raise cash. Bills have to be paid before the heirs/ beneficiaries get anything.

You really need to consult a probate attorney who practices in the county/state where the estate is pending.

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Answered on 2/15/16, 8:17 pm


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