Q: My niece wants a car currently in probate. My mom is the sole heir to the estate. How do I handle this as executor?
My dad died in GA and his classic car is in probate. According to the will, my mom is the sole heir of the estate. I have not been able to find a buyer for the car (mom doesn't drive and has Alzheimer's). Mom's house sold and is going to closing shortly so the car needs to be removed from the garage by that time. My niece wants the car and will be driving it to her home in a different state. How do I handle this as the executor? Can I legally give her the car in probate with my mother listed on the will as the sole heir of the estate? I also live out of state and didn't renew the registration as it would have to be registered in my name in a different state. Please advise. Thank you.
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A: There are a few different ways to accomplish this but you simply distributing the car directly to your niece from your dad’s estate is not one of them. One option is your niece could purchase the car from the estate for fair market value. Another option is distribute the car to the sole heir, your mom, then your mom can gift the car to your niece. Of course, both are easier said than done as there are many legal and logistical hurdles to overcome. For those how to details you should obtain advice and assistance from your probate attorney.
A: If your mom is the sole beneficiary and she is OK with your niece having the car, just sign the title over to her an d move on.
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