Legal Question in Wills and Trusts in California

My Mom died in California last year and my sister is the executor, according to my wife,The attorney mentioned a few months ago that my mother's Cadillac will have to be sold for the low blue book value. I want the car and my sister is trying to make me pay a much higher price for the Cadillac than the Kelly blue book says it is worth.What can I do about this?


Asked on 4/04/12, 10:25 am

1 Answer from Attorneys

Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

Most of the time, when an estate asset is sold to a beneficiary, its value is deducted from that beneficiary's share of the estate. In that case, the executor would need to obtain the consent of the other beneficiaries, even where she has been granted authority under the Independent Administrations of Estates Act. Estate assets, that are not specifically bequested to named individuals or charity, can also be sold by the executor for cash, too of course. Although the executor is responsible for obtaining the best price possible when selling estate assets, it is difficult to understand why she would be attempting to sell it for a higher than market value price. Kelly's Blue Book is the standard for used automobile pricing.You can try to speak with the estate attorney about this. Perhaps, he/she can speak to the executor about the situation. If she tries to sell it to a third party, she will likely be unable to sell it for the price she is seeking.. You might also point out that the executor may incur expenses if she has to advertise the vehicle for sale instead of simply allowing you to purchase it.

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Answered on 4/04/12, 11:39 am


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