Summary
Vehicles transferred to your name over three years ago are considered your personal property and not part of your fathers estate. An executor cannot legally include them in the estate if you have documentation proving ownership. If the executor is not distributing the estate as per the will, it may be a breach of fiduciary duty. Consider discussing the matter with your brother or seeking legal assistance to ensure proper estate distribution.Full Conversation
do cars bikes left to me by my farther form any part of his estate now
Hey Craig! Yes, assets like cars and bikes left to you by your father are considered part of his estate. If they were specifically left to you in his will, they should be transferred to you. If there's no will, they may be part of the estate distribution process under intestacy rules.
he gave them to me over 15 years ago and they are all in my name
Hey Craig! If the vehicles are already in your name and were given to you over 15 years ago, they are considered your personal property and not part of your father's estate. This means they are yours outright and not subject to estate distribution.
he gave them to me over 7 years ago and they are all in my name
Case Rating: *
Hey Craig! Since the vehicles have been in your name for over 7 years, they are considered your personal property and not part of your father's estate. They are yours and not subject to any estate distribution. Do you have any other questions regarding this matter?
same question but 3 years ago
Case Rating: *
Hey Craig! If the vehicles were already transferred to your name three years ago, they are considered your personal property and not part of your father's estate. This means they belong to you and aren't subject to estate distribution. Is there anything else I can help you with?
how can i prove they are mine
Case Rating: *
Hey Craig! To prove the vehicles are yours, you can use the following documentation:
- Title or registration documents in your name.
- Insurance papers listing you as the owner.
- Any receipts or records of the transfer from your father.
Do you need help with anything else?
my brother who is executer for the will is trying to include them in the estate is this legal
Case Rating: *
Hey Craig! If the vehicles are in your name and you have documentation proving ownership, they should not be part of your father's estate. An executor cannot legally include your personal property in the estate. You may need to present your ownership documents to clarify this. Do you have any concerns about the executor's actions?
yes , the belonging and property of the estate are to be split * ways , he is holding all funds and will not release
Case Rating: *
Hey Craig! If the executor is holding funds and not releasing them as per the terms of the will, it may be a breach of their fiduciary duty. You could consider taking legal action to ensure the estate is distributed correctly. Have you tried discussing this matter with your brother first?
yes with no action on his part
Case Rating: *
Craig, it seems like your brother may be breaching his fiduciary duty as executor. You might need legal assistance to ensure the estate is distributed correctly. Would you like to be connected to local lawyers who can better assist you with your case?
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