Can a person be asked to pay money still owed on a truck if the truck was returned to the original lender right after the borrower died?

The lender is asking for payment for depreciated amount on the truck, plus interest.

Asked on October 25, 2011 under Estate Planning, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are being asked to pay money by the lender on a vehicle that was returned to the lender (and you are not the borrower) and the actual borrower has passed away, there is nothing wrong with the request upon you.

However, if you never signed any agreement to be responsible for the liability of the deceased borrower, you have no legal obligation to pay any amounts claimed owed regarding the vehicle.

Assuming any amounts are owed on the vehicle (despite its retrun) the recourse of the lender would be to make a creditor's claim to the estate of the deceased borrower assuming there is a probate of that person's estate or an intestacy proceeding.

Good luk.

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