Submitted by Anonymous on Mon, 12/07/2009 - 20:11
I have a question for massachusetts estate - if someone's parent dies (the other parent had passed years before), and there is a vehicle, as long as the insurance is paid up, is it legal for one of the children to use the car until the probate is completed?
There is no car loan, and the insurance and plates are all valid, but in the deceased's name.
Thanks in advance, I have learned a lot from this forum and the advice has been very helpful.
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Editor's Response
I think there may be several issues here. Unless the registration expires, it is possible that the registration will remain valid until such time as the vehicle is re-titled by the executor and thus transferred to the heir(s). But what about the insurance? If the child is not a named insured and he or she gets in a serious accident, might the insurance company say: "Sorry, we're not paying for it." Honestly, I do not know the answer to that question. At a minimum, I would call your insurance agent before driving the vehicle. However, depending on the size of the estate, you (or the executor) may be able to settle the car issue fairly quickly using the Voluntary Administration Process. Good luck.