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  1. #1

    Question Can an Executor Authorize a Designated Beneficiary to Use the Decedent's Car

    My question involves estate proceedings in the state of: Arizona

    I provided full-time live-in care for my father from 2008 until his death 4/30/17, had legal & medical POA and managed all household, medical, financial affairs. I am now 59 yrs old, have been out of the workforce since 2008, have no money, no income, and nowhere to go--executor sold house and I have to be out by 7/29/17.

    I have tried unsuccessfully to find employment in my previous field, but am repeatedly told they're looking for someone with more recent administrative experience. I do have agencies interested in hiring me as an elderly companion ($10-$11/hr), but only if I have a car w/ A/C to transport clients in. My car does not have A/C, my late father's car does and is sitting unused in the driveway. The executor transferred the title to the living trust.

    I am one of four designated beneficiaries in the living trust that the assets are to be divided equally among. The others have agreed I can have my father's car as payment in kind toward my share of the estate. The only assets are the car ($3,800), $10k life insurance policy w/trust as beneficiary, house ($52,500 after mortgages paid). Notices to creditors have been published, final one published 6/26/17. There are no known creditors, and the credit report does not indicate any.

    I have multiple health issues (heart failure w/permanent damage, recurrent issues w/internal bleeding, GERD, COPD, & need gall bladder surgery as soon as cardiologist deems safe. I have no money, no income, no place to go in the Arizona heat. If I am able to use the car I can at least obtain employment as an elderly companion (although part-time @ $10-$11/hr). Plus, driving without A/C in the heat is detrimental to my health, as it causes my blood pressure to rise and places additional stress on my heart. Provided no unexpected creditors make a claim on the estate, the estate would be worth roughly $60k, of which my share would be roughly $15k (including the car).

    I desperately need money for basic survival, and cannot wait another 4-6 months for final disbursement. My understanding is that a designated beneficiary can petition the court for a partial disbursement, but I do not know what the procedure is, how long it would take, or where to get the necessary forms and I have no money for an attorney, filing fees, or court costs. If I cannot get a partial disbursement, can the executor be compelled to authorize me to use the car while the estate is being settled? I would be willing to agree to relinquish it if circumstances demanded if (unexpected creditor claims, etc), but otherwise all the beneficiaries agree the car should be considered part of my share of the inheritance What legal options do I have?

  2. #2
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    Sep 2005
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    Default Re: Can an Executor Authorize a Designated Beneficiary to Use the Decedent's Car

    If the vehicle has already been transferred out of the estate and into the trust, this is no longer an issue for the executor -- it's an issue to address with the trustee. If under the terms of the trust, you are the only person entitled to the vehicle and there is no reason to delay transferring the vehicle to you, then ask the trustee to do so. If the trustee says no, find out the reasons for the denial and see if they are supported by the language of the trust.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,288

    Default Re: Can an Executor Authorize a Designated Beneficiary to Use the Decedent's Car

    Quote Quoting anordstrom2008
    View Post
    What legal options do I have?
    Gee, has it occurred to you to ask the trustee for the use of the car and/or an advance on your inheritance?

    And if you did ask, has it occurred to you to perhaps tell us the results of that conversation?

    Because if you did ask, and the answer was no, then I don't think you have any "legal" options and you'll probably have to wait just like the other heirs.

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