QUESTION
Being executor of my deceased father's estate, is it legal for me to drive his car while the estate is still in probate?
Asked on Jul 09th, 2013 on Estate Planning - Delaware
11 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You should ask the attorney that opened the estate in probate court. If you have not yet opened an estate, you need to do this. You need to hire an attorney to help you with this.
Answered on Jul 24th, 2013 at 7:28 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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NO, not unless you have an agreement from all of the heirs. And you must keep the vehicle insure against loss.
Answered on Jul 10th, 2013 at 2:33 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Legal, yes. It is not a good idea, however. First, there could be insurance issues. Unless the insurance company is aware of the death and your use of the car, it is likely that they would deny any claims. There is a potential for liability damages, and if the insurance company balks, you or the estate would be on the hook. It will also open you up to claims that you are depreciating the asset and or self-dealing, by using the vehicle for your own benefit. It is okay if you are driving it occasionally, to make sure that it runs, for estate business, or if you are trying to get it appraised or to attempt to sell it. Otherwise, it is safer if you leave it parked.
Answered on Jul 09th, 2013 at 11:33 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. I would make sure that you have full insurance coverage on the vehicle since it is an asset of the estate.
Answered on Jul 09th, 2013 at 9:33 PM
As executor, you are obligated to gather, protect, and conserve the assets of your father's estate until all debts are paid the remains of the estate are distributed to the heirs. Driving an asset of the estate probably doesn't qualify as protecting and conserving it unless you have a legitimate reason like taking the car in for maintenance, driving it to another location to be appraised for value, or moving it to some safe place for storage until the estate is closed.
Answered on Jul 09th, 2013 at 9:33 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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For estate business, probably. Make sure the car is insured and you are insured while driving it. I like to dispose of cars quickly, selling them or using a Partial Distribution, because a car is just a rolling liability time-bomb. You should not be using any estate property for your own purposes.
Answered on Jul 09th, 2013 at 9:33 PM
Thomas Edward Gates
You may drive his car, but you must pay the estate a fair use value. You must also keep it registered and insured. This would be the estate's responsibility if no one was driving the car.
Answered on Jul 09th, 2013 at 9:31 PM
2 Awards
No unless you can insure it personally. You are risking other estate assists by doing so.
Answered on Jul 09th, 2013 at 9:31 PM
As the executor, you should avoid personal use of estate assets unless you are sole beneficiary or all beneficiaries agree in writing that the car will make up part of your share.
Answered on Jul 09th, 2013 at 9:30 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The only real issue would be with liability insurance coverage. Check with the agent who issued the policy, to make sure you are covered.
Answered on Jul 09th, 2013 at 9:30 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You need to make sure car is insured and if accident estate will be liable. You may have problem with other beneficiaries if you are wasting an asset by using it, when they own part of it. So many things to take into account.
Answered on Jul 09th, 2013 at 1:37 PM