Legal Question in Wills and Trusts in Maryland

Do I have to get permission from other family members to sell auto's from my fathers estate if I am the personal representative as stated in the will? I have the intention to sell at blue book value and money will go to estate .


Asked on 7/10/12, 5:30 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

Where are you in the estate process? Have you already performed an accounting and filed that accounting?

In short, it all depends. The default is the will. If the will does not provide guidance, you have to comply with the reporting and accounting requirements of Maryland law.

Are you selling the car to pay for debts of an estate?

Does the will give you a listing of what assets should be sold first?

Does the will give you discretion to sell whatever asset you need to pay for the debts of the estate?

Is there a car loan balance on the car that you are trying to pay off?

All these questions are important to determine if you are complying with the will and complying with your fiduciary duty as a personal representative. You may want to take the will to an attorney for a 1-2 hour consultation. It may cost you a few hundred dollars. However, the cost can be reimbursed by the estate.

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Answered on 7/11/12, 4:06 pm


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