Can an Executor Sell a Car Left to Me in a Will in Maryland?

Question from Que, Can an Executor Sell a Car Left to Me in a Will in Maryland?

Answer from AI:

When a loved one passes away and leaves specific items to beneficiaries in their will, it can be confusing to understand the rights and responsibilities of the executor. In Maryland, the executor (also known as the personal representative) has certain duties and powers, but they must also respect the terms of the will.

Executor’s Duties and Powers

The executor is responsible for managing the deceased’s estate, which includes:

• Collecting and inventorying assets
• Paying debts and taxes
• Distributing assets according to the will

Specific Bequests in a Will

If your grandmother’s will specifically states that the car is to be given to you, this is known as a specific bequest. The executor is generally required to honor specific bequests before distributing the remaining assets of the estate.

When Can an Executor Sell a Specific Bequest?

There are certain circumstances under which an executor might sell a specific bequest, such as a car, even if it was left to a beneficiary:

1. Debts and Expenses: If the estate does not have enough liquid assets (cash or easily sold assets) to pay off debts and expenses, the executor may need to sell some assets, including specific bequests, to cover these costs.
2. Approval from the Court: In some cases, the executor may need to get approval from the probate court to sell specific bequests.

Maryland Law and Executor Responsibilities

Under Maryland law, the executor must act in the best interest of the estate and the beneficiaries. This includes:

• Providing notice to beneficiaries about the probate process
• Filing an inventory of the estate’s assets with the court
• Filing accountings of the estate’s financial transactions

If you believe the executor is not acting in accordance with the will or is not fulfilling their duties, you may have the right to challenge their actions in probate court.

Steps to Take if You Have Concerns

If you are concerned that the executor might sell the car without your knowledge, consider the following steps:

1. Review the Will: Ensure that the will clearly states the car is to be given to you.
2. Communicate with the Executor: Express your concerns and ask for updates on the status of the car and the estate.
3. Consult a Legal Professional: If you believe the executor is not acting properly, seek advice from an attorney who specializes in probate law.
4. File a Petition: If necessary, you can file a petition with the probate court to address your concerns and request that the court intervene.

Resources and Further Reading

For more information on Maryland probate laws and the duties of an executor, you can refer to the following resources:

• Maryland Courts – Wills and Estates
• People’s Law Library of Maryland – Probate

Consult a Legal Professional

While this information provides a general overview, it is important to consult with a legal professional for personalized advice. An attorney can help you understand your rights and options based on the specific details of your situation.