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#1 gmoney2012

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Posted 27 November 2012 - 05:03 AM

hello i was just wandering my father died this year and he had no will and wasn't married so me and my two half brothers got my dads 401k and he also had a truck and a motorcycle and i was told that because his girlfriend of twenty years which is my half brothers mother she paid funeral expenses and hospital bills so therefor they dont have to sell the truck and motorcycle and give me my third of it and i didnt even have no say in how his funeral took place nor anything else can they do that? coming from north carolina

#2 harrylime

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Posted 27 November 2012 - 06:59 AM

Assuming that there are no other assets, there is a theoretical answer. And, then, there is the practical answer.

Your father's estate would be responsible for paying reasonable funeral expenses and any other creditors. And, if someone else paid those expenses and debts, then that person (or persons) could rightfully request reimbursement from the probate estate. If that were to require that the truck and motorcycle be sold, then they would have to be sold. If anything remains after those payments, you and the other sons would split it.

As for the practical answer... You would have to estimate the realistic value of the truck and motorcycle and compare that to the expenses and debts. And then ask yourself whether it is worth pursuing.

#3 pg1067

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Posted 27 November 2012 - 08:06 AM

In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.


i was told that because his girlfriend of twenty years which is my half brothers mother she paid funeral expenses and hospital bills so therefor they dont have to sell the truck and motorcycle and give me my third of it and i didnt even have no say in how his funeral took place nor anything else can they do that?


I don't know who told you this or who "they" are. Nor is it clear what you mean when you refer to "my third of it."

When a person dies, his estate is liable for his debts. The estate is also liable to reimburse whomever paid funeral and burial expenses and to reimburse a person who paid the deceased's hospital expenses on his behalf. Only after all expenses are paid is it appropriate to make distributions to the heirs of the deceased. I don't know how much your father's estate (or any portion thereof) was worth. Nor do I know how much his funeral and burial cost or how much his girlfriend paid to the hospital on his behalf. However, she almost certainly is entitled to reimbursement before anything gets distributed to you and your father's other children. If her entitlement to reimbursement exceeds the value of the estate, then you get nothing (the 401k is not part of the estate). Sorry if that's not what you were hoping to hear.

#4 Guest_FindLaw_Amir_*

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Posted 27 November 2012 - 10:32 AM

You may wish to visit the Estate Planning Center and read Estate Laws as a good resource to learn more about this subject matter.

#5 gmoney2012

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Posted 27 November 2012 - 03:30 PM

I understand but, what im trying to figure out now is can they still get the truck and or motorcycle in their name without my signature?

#6 pg1067

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Posted 28 November 2012 - 08:25 AM

You still haven't said who "they" are, who told you that "they dont have to sell the truck and motorcycle and give me my third of it" or what you mean by "my third of it."

I will take you at your word that you understand everything that "harrylime" and I previously wrote. However, your follow up question suggests you do not fully understand what we told you.

While you didn't identify the relevant state, it is generally the case that, in order to transfer title to a motor vehicle belonging to a deceased person, one needs either a court order or an afficavit establishing a legal entitlement to the vehicle. Since your father had no will, your father's girlfriend has no possibility of inheriting any portion of his estate. It is possible, however, that she could get appointed as the executor of his estate, which should allow her to have the vehicles transferred into her name -- as executor of the estate -- for the purpose of transferring them as part of the process of administering the estate. As noted above, if the funeral/burial expenses and other expenses she paid on your father's behalf exceed the value of the assets, then she could simply transfer the assets to herself (as opposed to liquidating the assets and paying herself cash).




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