Follow
Share

Hello Friends. A year has now elapsed since my mother died. I was her caregiver. My mother had brain cancer, so when I tell you at her end, I did everything, I mean everything! I was fortunate enough (after a huge argument with my family) to be able to have the last two days of her life to be a daughter. I wasn't, I was too exhausted after spending years doing everything I could. Regardless, my mother died, and left everything to my sister. That's right! My mom lived completely scott-free off of my husband, autistic daughter, and myself, for 7 years, and gave my sister everything... EXCEPT her last bill.
A car, something she wanted my daughter to have. Of course, my daughter said mama, it is all I have of her, and may I keep it? Of course, I said yes, there is 7k left owed on the car, but absolutely. I have taken out a loan to pay off the remainder, and my credit union has processed the transaction. I proceeded to transfer the title and, not so fast! NC says there has been no probate? No assignment? No nothing? My mother left a will, but my idiot sister was too blind with greed to go fourth and file the necessary documents. On two occasions, she has stood me up when it comes to her completing the testamentary and signing the title! So now, it is official, I sit with a car my daughter can't drive, a bill for said car and memories. My sister sold the land willed to her and purchased a luxury Italian sports car and a fancy *vacation* home. Apparently she needs a place to relax after ALL the trauma of my mother. I have no words for that selfishness, nor room in my life for it! In the meantime, I am going to the state and asking if I may have some paperwork so I may sign off on the sale myself. I don't want to be Executor, as I will not be reimbursed for any of my troubles. I just want to make sure anyone reading understands the importance of 3 to 6 little characters with huge meaning -TOD (transfer on death) and JTWROS (Joint tenants with right of survivorship). Friends, just because a family member is tasked with execution of an estate, doesn't mean they will do it properly. So if anyone is working on their last will, or how to properly distribute assets after you pass away, do your family a favor, that adult child you think wouldn't hurt their siblings, or just refused to visit you because they, "just can't tolerate seeing mom in that condition" will ultimately turn into a vulture feasting on the remnants of your life, upon your passing so please, be mindful of others and handle your business!

also keep in mind, assuming the estate does pay the debt, which in the state I live it would, that is that much less money in the estate to be doled out. Probably not a huge difference, but that is the case

Also, if your mother did not specify in a will or some other written instrument the car would go to the daughter, that could present problems . The value of that car should counted against the share for your family .

An uncle and aunt of mine died, and the uncle often said he wanted his grandson to buy his house. Though never in writing. The grandson set out to purchase house from estate but his financial situation was such that he could not afford appraised prices . So his dad, who was the executor sold it to his son at a lower price. Other family members were upset as this was sort of taking from them.

The dad said, yes but grandpa wanted him to have it. But that was never written, nor was it written it would in a sense be partially gifted.

So in this case, the estate should pay off debt, but at same time, simply gifting car from estate to granddaughter could cause heartburn for other family members.


A cleaner way may be for the granddaughter to buy the car from the state at market rate (and after loan is paid), and maybe borrowing the money from mom, then later, when the mom receives her share of the estate, can pay the daughter to cover the cost of car.
(0)
Report

In my state , All debt and inheritance taxes are paid by the estate before anything is distributed to beneficiaries.
The executor ( your sister ) is not performing her duties for probate. She could potentially be removed from being executor by the court.

You should go to an estate lawyer over this . I don’t know anything about TOD or JTWROS
(1)
Report

No, the debt is the responsibility of the estate . The executor needs to take care of that.
Though has others have said, talk to an estate lawyer (I am a lawyer but do boring work on transaction for a utility company, so dont claim to be an expert on this, but have a little bit o knowledge on legal transactions, but yers, call an estate expert
(2)
Report

I was wondering the same thing [about the land the sister sold, not the debt question], but if the land bypassed probate in some way, specifically the TOD or the JTWROS mentioned above, the sister may become owner (and have had the right to sell it) even if probate is still open.
(1)
Report

I think if you inherit you take the debt too.

I don't know how your sister sold property without Probating the Will. She has to show a short certificate to be able to work with creditors and sellingbof property. Therevhas to be title search. Maybe, because shevis the only beneficiary she does not need to go thru probate but then there are tax info you need submit to IRA and the State.
(1)
Report

I believe any debts she had, including of her car, are the responsibility of the estate, and not the person who inherits the car. I mean there are other issues you should contact lawyer for but the debt on the car is a very simple issue. The executor has to pay off debts from the estate.

As far as the other situation, that of course is very unfair but from what I experienced and learned from others very common, the person who does the most gets the least, both financially and terms of respect, admiration, etc

It stinks but its true and not much to do about it at this point .
(0)
Report

You can contest the will. Find a lawyer.
(1)
Report

Yes you need your own probate lawyer. Sister did something unethical and you should speak to her about it. Draw a line in the sand, do the legal stuff and then cut her out of your life.
(1)
Report

Just another reason why Assisted Living is such a great idea for elders and their children alike.
(4)
Report

Do I understand correctly that your bad sister was your mom's executor? And did not fulfill the duties of an executor? There are penalties for that. See a lawyer!
(4)
Report

Start a Discussion
Subscribe to
Our Newsletter