Legal Question in Wills and Trusts in New Hampshire

My car belonged to my boyfriend Mark, who died in 2010. I registered it twice but can no longer. DMV told me it needs to go through the probate. Mark's son was 19 at the time of his death, so I've been told that he would need to be appointed the executor of Mark's estate (which is only the car). His son is in the military, so I don't know if he would be able to do the probate process or not. Would he need to actually appear in court and does it have to be in NH? His daughter was 16 when he died, could she do this? Also, I paid the car off in 2010.

Asked on 7/20/12, 4:50 am

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

Unfortunately, you've got a tough situation from a legal perspective. The son does not have to be appointed Executor. (In your case, with no Will, he would be Administrator). You could agree to be the Administrator if son and his sister assent. However, they would inherit the car, not you. You would likely have a claim for monies paid to preserve the asset, but then again, you used the asset. There would need to be a sale to you at the end of the probate process. The probate court has a booklet on how to get started on a basic probate estate. You might want to review that first. If the process is more cumbersome than your comfort level, you'll need to hire a lawyer to help you with the paperwork.

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Answered on 7/20/12, 6:16 am

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