I am the administrator of my father's estate. I already have received letters of administration and the report and account in settlement of estate under scpa article 13. My question is I know that immediate estate assets and money can be used toward administrative and funeral costs. Myself and my family paid out of pocket for those. My father's car is worth 7500$ and my grandparents who paid for the funeral (9000$) want to keep the car and give it to me because I am his eldest child. When listing the assets and who they are distributed to, should I list myself or my grandparents? And if my grandparents what forms of proof are acceptable to show I gave them possession of the vehicle... Also would the court even let us keep this? Or would they force us to liquidate it? He is the sole owner and has no wife. I should also mention that this is being filled out in New York on a small estates form (Under 30,000) and the actual estate is no more than 10,000
1 Answer from Attorneys
List your grandparents receiving car as a creditor of the estate.. Obtain a release from them for the car "in lieu of repayment of funeral bill". They can do what they want with auto.