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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.