Shrewsbury, MA asked in Estate Planning and Probate for Massachusetts

Q: my sister and I are 50/50 heirs what happens if we both want the same asset listed in the will?

she is the executor and I requested to purchase my dads car which is part of the estate but she advised she was taking it - do I have any claim on it?

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: The Personal Representative has an obligation to maximize the estate and not to self-deal, so she would need to demonstrate that whatever commission for her work as Personal Representative is worth the equivalent of half of the fair market value of the vehicle. If this is an expensive vehicle this truly could be an issue and it is difficult to recommend a course of action without knowing your father's situation nor how your sister was appointed- was there a Formal or Informal Petition? Are there other assets the equivalent of the car which she is willing to "trade " for the car?

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