Brooklyn, NY asked in Probate for Ohio

Q: If my parents passed away and the cars are in probate is it illegal to drive them if I am executor?

Related Topics:
2 Lawyer Answers
Aaron Epling
Aaron Epling
Answered
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: The court-appointed fiduciary (executor/administrator) is not generally forbidden from driving a vehicle owned by the estate. However, you should make sure it is properly registered and has insurance.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Crossville, TN

A: You need to take care that both (a) the vehicles are insured as assets of the estate, and (b) you are driving them consistent with your duties as a fiduciary. If you are driving them to drop them off at a dealer for sale or you are driving them to and from a repair shop to be repaired to fix them up for sale by the estate or you are driving them to their final destination (the heir that has inherited them), that is OK. If you are driving them for your own personal, non-estate-related use, that is improper. If you want to do that you should enter into an arms-length contract to rent them from the estate. To do that you might need to have the court appoint a temporary executor to enter into that agreement with you (which might not be worth the effort). Even if you are the sole heir of the estate, you still need to take care that you do things "by the book" because their are other stakeholders whose interests might be affected, such as creditors of the estate.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.