Lexington, SC asked in Probate for South Carolina

Q: My brother died and left a truck and boat registered in his name only. Do they have sit there until probate over?

My brother died and left a truck and boat registered in his name only. They are not listed in the will, but everything goes to his wife. No one is contesting. No major debts. Can his widow move them and have them repaired now or does she have to leave them sitting in the yard until probate is over? They both have current registrations.

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1 Lawyer Answer
Nina Whitehurst
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Nina Whitehurst
Answered
  • Probate Lawyer
  • Crossville, TN

A: The biggest issue is insurance. What happens if they are involved in an accident in the process of moving them? Your brother's widow should call the insurance company and report her husband's death and ask that the insurance be changed to reflect that they are now owned by your brother's estate and insure the executor of the estate as the owner and operator. The executor of the estate can then move them or grant consent to someone else to move them.

When the probate is over, remember that the widow needs to revise the insurance again to reflect herself as the owner and operator of them.

I hope this helps.

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