Disclaimer: I am not a lawyer. This article explains general Maine probate concepts and options. It is educational only and not legal advice. For legal advice about your exact situation, consult a licensed Maine probate attorney or the probate court.
Detailed Answer
Short answer: selling your father’s car can be lawful or wrongful depending on your authority as a personal representative (executor/administrator), whether you followed probate rules (inventory, notice, accounting), and whether the sale was reasonable and documented. If a sibling says you mismanaged estate assets, the usual next steps are to provide a transparent accounting, gather supporting documents (receipts, appraisal or sale records), and, if necessary, respond in probate court. Maine probate rules give beneficiaries the right to request information and, if misconduct is alleged, to petition the court for relief.
Who had the authority to sell the car?
Authority depends on whether you were the personal representative appointed by the probate court, a co-personal representative, an agent under a valid power of attorney (which generally ends at death), or acting without formal authority. If the probate court appointed you as the personal representative (or the will named you and the court issued you letters testamentary or letters of administration), you generally have the authority to collect, manage, and sell estate personal property to pay debts, expenses, or to distribute proceeds, subject to the Probate Code and court supervision.
In Maine, the probate process and the duties of a personal representative are governed by the probate statutes (see Maine’s probate code for administration rules). For general information about the probate process in Maine, see the Maine Judicial Branch probate page: https://www.courts.maine.gov/going/court/probate/index.html. For the statutory probate code, see Maine Revised Statutes, Title 18‑C (Probate Code): https://legislature.maine.gov/statutes/18-C/.
Was the sale reasonable and properly documented?
Factors that determine whether a sale is reasonable include:
- Why the car was sold (to pay funeral bills, estate debts, or because the estate did not need the vehicle).
- How you set the price — whether you used a market check, dealer offer, or appraisal.
- Whether you kept receipts, a bill of sale, and bank records showing where the sale proceeds went.
- Whether you gave beneficiaries notice or sought court approval when required.
If you can show good documentation (photos, ads, offers, bill of sale, deposit records), that will strongly support that you acted reasonably and in good faith.
What can a sibling do if they claim mismanagement?
Your sibling can request information or take formal steps:
- Request an accounting from you. Beneficiaries generally have the right to a full accounting of estate receipts and disbursements.
- File an objection with the probate court. If they believe you breached fiduciary duties, they can petition the court asking for relief (compel an accounting, surcharge the estate for losses, or remove you as personal representative).
- Bring a civil claim. In some cases beneficiaries may sue for conversion, breach of fiduciary duty, or for monetary damages in civil court.
Possible court remedies against a personal representative
If the probate court finds a breach, remedies can include:
- Ordering you to restore the value (restitution or surcharge) to the estate for any loss.
- Removing you as personal representative and appointing a replacement.
- Requiring an accounting and approving or disallowing prior actions.
- Awarding costs or attorney’s fees in certain circumstances.
Common defenses if you sold the car
You can defend by showing:
- You had legal authority (letters testamentary/administration) to sell.
- The sale was made in good faith, at fair market value, or after reasonable effort to get fair value.
- Sale proceeds were deposited to the estate account and used properly (to pay estate debts/expenses or preserved for distribution).
- You provided notice or followed court procedures when required.
Practical steps to take now
- Collect all documents: title transfer, bill of sale, ad/offer evidence, bank deposit showing proceeds, receipts for estate expenses you paid with the money.
- Prepare a simple accounting showing the car sale and exactly how you used the funds.
- Notify the probate court clerk if the estate is open. Ask the clerk about filing an informal accounting or whether you need court approval for the sale.
- Communicate with your sibling—share the accounting and paperwork. Many disputes resolve once beneficiaries see records.
- If your sibling demands court action or you disagree, consult a Maine probate attorney promptly. Time limits and technical rules apply.
Example (hypothetical)
Suppose you were appointed personal representative for your father’s estate. You sold his 2012 sedan for $3,000 because the estate needed $2,400 to pay the funeral bill. You recorded a bill of sale, deposited $3,000 into the estate checking account, and paid the funeral home with $2,400, keeping records. A sibling later says you mismanaged the asset. In that situation, producing the bill of sale, bank deposit, and funeral payment receipts usually shows you acted properly. If there is a question about the sale price, an independent appraisal or showing multiple offers can help.
Where to get more information or help
Check the Maine Judicial Branch probate information page for forms and procedures: https://www.courts.maine.gov/going/court/probate/index.html. For statutory authority and fiduciary duties, review Maine’s probate statutes (Title 18‑C): https://legislature.maine.gov/statutes/18-C/. If the sibling has filed a petition or you anticipate litigation, contact a Maine probate attorney to discuss removal/defense options, potential surcharge claims, and timing.
Helpful Hints
- Keep every paper. Bills of sale, receipts, bank records, emails, and photos are your best defense.
- Deposit estate funds into a dedicated estate account, not a personal account.
- Act transparently. Share an informal accounting with beneficiaries before disputes escalate.
- If you didn’t have probate authority, stop spending or transferring estate property and speak with the probate court clerk or an attorney immediately.
- Mediation can be faster and cheaper than contested court proceedings. Consider it if communication breaks down.
- Time matters. Many remedies have deadlines. Don’t wait to gather documents or seek legal advice.
If you want, describe the specific facts (Were you appointed? How was the car sold? Where are the receipts?) and I can outline the most likely next steps under Maine procedures.