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@Berlindagoewert
@Berlindagoewert 2 ай бұрын
More specifically, is it a good idea for a sibling to use a car while they are in the middle of probate? The car does not have a TOD. Therefore, I have been told that if something happened that someone could sue the estate.
@moneylawtalk
@moneylawtalk 2 ай бұрын
Interesting question! It has been a while since I have thought about car accidents and injury claims, but I can tell you this: an injury attorney will sue whoever has the money. Normally, this means whoever has insurance that covers the driver of the estate-owned vehicle. This would typically be the driver’s own insurance. However, if they are not carrying insurance or if it does not apply for some reason, it is certainly possible that the injury attorney might look to the estate and/or its insurance company to cover the damages. I can’t say with certainty whether that would be a successful claim, and it almost certainly depends a great deal on the facts and insurances in play, but it could be a risk. For that reason, I don’t think there is a hard and fast rule about driving or not driving an estate vehicle. But, as long as somebody is carrying insurance that covers the driver, I imagine the risk should be minimal. Have not seen this issue come up before, though!
@mollyschnurbusch7784
@mollyschnurbusch7784 3 ай бұрын
What happens to pets if there is no will or trust? Do they become a part of the probate estate?
@moneylawtalk
@moneylawtalk 3 ай бұрын
Technically yes! Pets are personal property. Generally, though, un-titled personal property only gets dragged into probate if there is a fight.
@Phrozen716
@Phrozen716 4 ай бұрын
So basically if someone leaves you property in a Will and Trust . You need to contact probate court as soon as possible. So why don’t lawyers inform. Their clients this information. So the client can explain this to their children/ family members. I thought a Will / Trust solidified
@moneylawtalk
@moneylawtalk 4 ай бұрын
Anything left in an individual’s name is subject to the will and probate (unless there is a joint owner or TOD beneficiary). Anything in the trust is not.
@Phrozen716
@Phrozen716 4 ай бұрын
@@moneylawtalk TOD .. ?? So if a parent leaves a property to a child in his will and trust . Upon death of the parent.. Do the child has a certain time to contact the local probate court. I thought a Will and Trust . Protect and take of all assets. Basically what is probate ? / court ..
@Phrozen716
@Phrozen716 4 ай бұрын
Can explain the difference between a Will and Trust . How do I leave all my properties to my Daughter and how do she prevent. Probate . Especially if my home is paid off etc .. I l