Legal Question in Wills and Trusts in New York

My grandmother passed away and there's a car that is not in the will. Now, there are six of us included in the will and five voted for me to get the car since i needed it. There's one who also wants it. So now its 5 against 1. What does the law say about this? Who can get the car?


Asked on 2/25/10, 5:11 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Under NY law, the car would go to a surviving spouse. If there is no spouse, the car becomes an asset of the estate to be distributed in accordance with the will. If there are six heirs and they can't agree, the Executor needs to sell the car and divide up the money.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

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Answered on 3/02/10, 5:23 pm


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