Syracuse, NY asked in Probate for New York

Q: Wife is sole inheritor, but not executor. Can executor gift a vehicle to 3d party before estate close if wife agrees?

My father died intestate in NY, small estate (>$50K), my mom (his wife) did not want to be administrator so I am doing it (his daughter). Father had 3 vehicles, one of which is a NY registered vehicle physically located in another state. Father was very clear on his desire to gift this vehicle to a niece and mom consents to this disposal of the vehicle. As administrator, am I permitted to transfer the vehicle to the niece before the estate closes? (time sensitivity is a factor, niece needs to insure and register vehicle in other state)? Does my mother need to file an affidavit with court or some other form of formal consent allowing me to transfer this vehicle to someone else? Or should vehicle be transferred to her (time consuming extra step) and she transfer it in turn to the niece? Not sure how to properly do this so that it doesn't look irregular when filing estate closing accounting with court.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: You may transfer the car to anyone. I would get something in writing from your mom.

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