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#1 somethingswrong

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Posted 23 January 2013 - 09:24 PM

My mother in-law passed away and was behind on her car payments. I contacted the bank about her passing and said we will make the payments and bring everything current. A few days later they came and reposessed the car. They also knew my brother in-law is executor to the estate. They are willing to allow me to payoff the car, but won't release it back to use unless probate is done. This means that storage fees continue to grow everyday. Is this legal to hold the car after it's paid off?

#2 pg1067

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Posted 24 January 2013 - 08:27 AM

The car has been repossessd, and it appears that he repossession was legal. The lender's obligations at this point are dictated entirely by the terms of the loan contract and the laws of unidentified state where your mother-in-law lived. You're obviously free to pay off the loan, but you have no legal rights regarding the car and paying the loan would not give you such rights. This is something your brother-in-law, as executor, should be handling in consultation with his attorney.

#3 Guest_FindLaw_Amir_*

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Posted 24 January 2013 - 09:41 AM

You may want to consider signing up for a legal plan on LegalStreet. For less than $13 a month, you or your brother-in-law can ask a local lawyer all the legal questions concerning this issue and also get discounted legal representation if you need.

#4 adjusterjack

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Posted 24 January 2013 - 12:07 PM

They also knew my brother in-law is executor to the estate.


What they "knew" is irrelevant.

What counts is whether or not your brother-in-law got the papers from the probate court that authorize him to collect the property of the estate.

Without those papers, nobody gives him the time of day even if the car is paid off.

If he has failed to open probate on a reasonably timely basis and his failure costs the estate money in storage fees that it should have had accruing, his failure could give you the option of opening probate yourself, getting appointed as representative of the estate and result in him being penalized for misfeasance.

If you want to take things that far, consult an attorney of your own.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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