Legal Question in Wills and Trusts in Massachusetts
My Aunt has passed away leaving me her vehicle, the will has been held up in probate because of the house is there any way to legally release the vehicle to me if it is left to me in the will before probate is completed cause this could take some time the will reads upon my death the car be free and clear to my niece wich is me?
2 Answers from Attorneys
There is nothing legally preventing the executor from making partial distributions under the will prior to the final accounting. However, the good administration of the estate may require that all assets and property stay put until the full extent of any debts and other expenses of administration are known. For example, the car may be the only asset left with which to pay for your aunt's last expenses. Without being able to review everything, it is hard to guess at the possible motivation or justification of the executor.
Yes, the Executor can release the car and there is a form you can get from the DMV to accomplish this. You may have to wait until the executor is appointed.
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