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Fairness, legality and emotional attachment an inheritance controversy has started a heated family dispute. In Decemeber, the OP (Original Poster?) lost his father, who had a classic 1950s Chevrolet Bel Air worth $70,000++. Instead of dividing the worth up among all five grandchildren, the grandfather bequeathed the car outright to only OP’s 17-year-old son the sole male grandchild for the benefit of his “only” name. Cash bequests of $4,000 each were made to each of the other four grandchildren.
This really bakes the grandson over the granddaughters, and OP and their sister feel as though that divide should be unfair. The OP is wanting the son to also sell the car, and split the money between all the grandkids equally. OP is even thinking about withholding his college savings as leverage to get him to sell the car. Instead, the son insists the vehicle is owned by him, per his late grandfather.
Miscellaneous license inheritance and minor ownership rights issues and whether the deceased expressed final wishes or fairness should come first? Though OP considers it a necessary measure to redress an inequitable gift, to the son it constitutes a breach of faith with his grandfather’s dying bequest.
A 17 Y.O. teen inherited a $70k car from his grandfather, and this set off some serious family drama
Image credits: Mr.choppers / wikipedia (not the actual photo)
His parents and aunt felt it was unfair to the other grandkids, so they pressured him to sell it and share the money with his sisters and cousins
Image credits: Pixabay / pexels (not the actual photo)
Legal and Ethical Implications of Forcing an Inheritance Sale
1. Legality of a Minor Inheriting a Classic Car
In some jurisdictions a minor cannot inherit property. In America, your child can inherit property but as a minor he or she may not legally be able to hold the title until age 18. If the car is still at OP’s mother’s house, presumably the son hasn’t taken possession, and there may be no legal title transfer yet. If the grandfather will clearly states that his grandson is the only heir, then trying to change this distribution can be challenged in court.
Image credits: Karolina Kaboompics / pexels (not the actual photo)
- It seems OP is planning to sell the car without their son agreeing to it, potentially violating inheritance and beneficiary estate law.
- However, a court-appointed guardian or trustee for the asset could be in charge until the son is 18, but they must act in his best interests rather than retribution.
2. Can OP Force the Sale of the Car?
So the only way OP would be able to get a sale is because the vehicle was given to the son:
- The son voluntarily agrees to sell it.
- A court decides that putting it on the market is the only way (which is very unlikely if the real estate is a financial asset and also has emotional value)
- OP is the son’s legal guardian when it comes to finances but again that does not apply to something he inherits unless a judge gives her that authority.
Even though OP is a legal guardian, inheritance policies frequently would hide the rights of the minor to their property. If OP unilatera
3. Ethical Dilemma: Fairness vs. Final Wishes
But OP saying the value should be split because that is the ”fair” thing to do, directly contradicts what the grandfather wanted. Wills are court-enforceable documents that are meant to convey the final wishes of the decedent, not the sense of fairness of a living relative.
Image credits: Pixabay / pexels (not the actual photo)
- Grandparents Should Have Tyranny of the Prized Heirs Some heirs are more equal than others, based on the family tree. In general, a court does not want to step between family members unless the will or the testator has been a victim of fraud, coercion or incapacity.
- Emotional Attachment vs Financial Fairness The car was a sentimental keepsake and not simply a financial asset by virtue of the special bond between the grandson and grandfather. The daughters and nieces were given cash, a sizable inheritance nonetheless.
- Pressuring the Sale Will Ruin Their Relationship for Good If OP forces their son to sell, there could be lasting bitterness. The son might feel as if his parent failed to honor the wishes of their father, and maybe even see them as doing him wrong.
4. Withholding College Funds: A Risky Move
It is unethical and can backfire by threatening to redistributing the savings set aside for the son’s college unless he sells the car. College funds are parental assets unlike an inheritance so OP has a fair bit more control. However:
- Such could be legally construed as duress that might trigger a lawsuit by the son later on.
- This could lead him to become financially independent sooner, something that could drive a wedge between family dynamics for good.
- The son refuses to sell, on principle, and never recovers financially.
- 5. Alternative Solutions
- Instead of forcing a sale, OP could explore compromises:
- Propose assistance restoring and selling The son may be able to sell the car on his own terms if the car increases in value.
- Consider compensating the rest of the grandkids with partial compensation Instead of selling the car, the son could instead be asked to voluntarily contribute a certain percentage of the proceeds from any future sale when he turns 18.
- formulate a financial trade-off OP could have the son keep the car but get less support in other ways (i.e, if he keeps the stingray, he helps more with his college expenses).
“This is not, never was, and never, ever will be your decision to make,” one netizen wrote, echoing the sentiments of many others
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