There is nothing to prevent it. As long as the price reflects market value, there should not be an issue.
They can certainly do so during the probate process. But a fair market price must be paid for it.
State laws govern who may qualify to be appointed the administrator of an estate. Generally, one must be an heir at law or a creditor of the decedent. You need to check the laws in your jurisdiction. You can inquire at the probate court or consult with an attorney who specializes in probate law.
Yes, a court-appointed administrator can sell a decedent's car as part of the estate's assets. The administrator is responsible for managing and distributing the estate according to the decedent's wishes and applicable laws. However, they must follow legal procedures, which may include obtaining court approval for the sale, especially if the estate is subject to probate. It is also essential to ensure that any debts or obligations of the estate are addressed before the sale.
Not until the estate has gone through Probate. If an Executor or Administrator has been assigned by will or by Court then they have responsibility to secure property belonging to the estate until it is settled. If a loss occurs, they could be personally liable to the heirs of the estate.
yes
If there is going to be a probate because there is other property, the son won't have the authority to sell the car. That should be left up to the executor or the administrator of the estate. Generally there are state legal provisions that permit the sale of the automobile in estates too small for a full probate procedure.
Only the administrator of the estate, or any person the car was willed to can sell the car.
"who's responsible to prosecute?" Do you mean: what government official would be involved in seeking criminal penalties against the estate administrator and/or the lawyer? As it says at the beginning of each "Law and Order" episode: the police would investigate and if sufficient evidence were found, the prosecutor/district attorney would handle a criminal prosecution. Do you mean: who should a beneficiary contact if he/she suspects that the estate administrator has removed estate property for his own use? The beneficiary must file an objection with the probate court. Generally speaking, this would involve hiring an attorney with probate experience to handle the matter. Do you mean: if a person who is not a beneficiary and he/she suspects that the estate administrator has removed estate property for his own use, what should they do? Two alternatives, are the beneficiaries competent adults? If so, report your the evidence to the beneficiaries - it's their call, not yours, what to do with the info. If they aren't, for example, young children, mentally handicapped, report your evidence to the probate court. WARNING - accusing people of a crime is a serious business and can get you sued or worse. DON"T - say "Bob stole Grandma's car from the estate." DO - say "I saw you driving what looked like Grandma's car in Centerburg and it is now parked in your driveway, please explain this for me?"
State probate laws will determine how the deceased's estate is distributed.
In the United States, wills and probate are under state law. If there is a probate lawyer, ask him. In this state probate law has a provision for that.
The only way that this can be legal is if you are the executor or administrator of the estate legally appointed by the probate or magistrate judge in your area. In any case the vehicle title should be transferred to the name of the person who will inherit it as quickly as possible. Then this person can insure it legally in there name.
Some sort of probate document is going to be required in order to transfer title. If the car is the only thing in the estate, some jurisdictions have a simple form that can be filled out and submitted to get the courts permission to sell it.