Legal Question in Wills and Trusts in New Jersey

Executor not fulfilling obligations to will

my father passed away on 6/24/04, and in his will it states ''if i have a car at the time of my death, i direct that it be sold and the the proceeds thereof given to my granddaughter. my stepmother has her own car and is continuously driving my father's car adding mileage etc. the will was probated already. do i have the right to tell my stepmother & my Brother, who is executor to park the car and i will hire an appraiser to appraise the car and sell it? i feel that they are taking advantage of the situation and of my daughter and myself. everytime my stepmother starts my fathers car up, it depreciates in value, therefore my daughter looses out.

Do you have any advice for me?


Asked on 8/25/04, 8:56 am

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Executor not fulfilling obligations to will

If the Will makes a specific bequest of the car to your daughter, the executor needs to transfer title to her as soon as practical. However, the executor needs to be sure the estate is solvent, the bills and any taxes are paid before making distributions. Since it's only been 2 months since your father died, it's still early in the process. If you are concerned about the car's value, you should let them know of your concern, and note the current mileage, as there does not appear to be any reason for anyone to be using the car.

Read more
Answered on 8/25/04, 9:30 am
Walter LeVine Walter D. LeVine, Esq.

Re: Executor not fulfilling obligations to will

I concur with Jon, but add the following. As executor, your brother has a fiduciary duty to protect and preserve the assets and value involved. This would include preventing unauthorized use and preserving the mileage which could depreciate the car's value. You do not describe the car in detail. If it is an older car, additional mileage may not have an impact. Check its description on the internet (site such as Blue Book) to see what additional mileage means in reducing value. While it may take some time to ascertain the value of the estate, possible debts and claims, etc., it also requires motor vehicle approval for the transfer and may also require an inheritance tax clearance, which also takes time to obtain.

Read more
Answered on 8/25/04, 1:31 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey