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Question: Business - New York

Asked on 11/6/2009

The sale of a car

My mother has a fatal illness. Her aide wants to buy my mother's car. She cannot give straight cash and has too much debt to get a loan. She wants to have a written agreement notarized that says she owes X amount of money for this car. I know that this type of written agreement would not be a legalized document. How can we go about getting a legalized document that says she owes X amount of money and will not receive the title until X amount of money is paid off. I do not have power of attorney - my aunt does and my aunt doesn't see the red flags raised all over the place. Thanks


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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


Actually, if it's prepared properly, a promissory note (an i.o.u.) is a perfectly legal document, of a type with a very long history.  And, again if it's done properly (the motor vehicle people might be able to help you with this one), the note can be used to put a lien on the title to the car;  if necessary, you could repossess it.  This is a much better solution than keeping title to the car, because if your mother does that, she would have to keep the insurance on the vehicle and she could be potentially liable if the aide causes an accident.

If your mother passes away before the note is paid, the note becomes an asset of her estate, just as the car itself would have, and it can still be enforced, either by the estate or by whoever gets the loan as part of their inheritance.



  • Answered on 11/6/2009
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