Legal Question in Wills and Trusts in North Carolina

my dad just died and had an SUV my sister is currently in possession of it but has taken it off the road. If she is willing to give me his SUV is there any reason why i cant pay the car payment and put insurance on it now before the will is finalized?


Asked on 6/16/10, 12:02 pm

1 Answer from Attorneys

First of all, your dad just died. What is the rush? Second, there is a will. What does it say regarding the car? Who is to be the personal representative? The personal representative needs to probate the estate. He or she will need to inventory the assets and assign a value to the car. In addition, will there be any claims against the estate? If so, the car may have to be sold. What is the value of the car? Is it worth more or less than what is owed? The finance company will not just put it in your name. They may need something signed by the personal representative. I would get a lawyer to probate the estate. Once the attorney has reviewed the assets and potential liabilities (all information that I do not know) he or she can advise you if the transfer will be ok.

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Answered on 6/16/10, 3:13 pm


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