Concerning a vehicle purchased from a person on a payment contract through his power of attorney and he passed. Who do I continue to pay?

UPDATED: Jul 5, 2009

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Concerning a vehicle purchased from a person on a payment contract through his power of attorney and he passed. Who do I continue to pay?

I purchased a van from an individual through his power of attorney. He passed away 2 weeks ago now the power of attorney is calling the note due to her and making threats about other property she gave us in his name. I don’t know who is the executor of the will or if there was one or anything about the details concerning his estate, because she won’t tell us and now not talking to us. what options do I have and what should I do legally. I also cannot pay the note fully now.

Asked on July 5, 2009 under Estate Planning, Iowa


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am a lawyer in CT and practice in this ara of the law.  The short answer is that you have to pay the next of kin or the estate.  you should send the payments to the same address and continue to make out the checks to the same person.  As far as the person calling you, you need to remind them that the note governs. As long as you are performing the note, the person cannot demand the note due unless the note says that she can demand the note due.  If the person tries to take action against you, hire a lawyer to write her a letter indicating that she is not permitted to demand payment in full and that future harassment will result in a lawsuit- that will get her to stop hopefully unless she has valid legal grounds to demand payment.

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 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.

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