What to do if my husband passed away more than a year ago I made payments on a car that was only in his name but now company want to repo it?

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What to do if my husband passed away more than a year ago I made payments on a car that was only in his name but now company want to repo it?

They let me pay all this time but they said that their policy changed 2 months ago. There are only 3 payments left. Do I have any legal grounds?

Asked on December 11, 2013 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

First, as long as payments are made, regardless of the source, they should not repossess the car--and having accepted the payments, they would, under several doctrines, be precluded from now repossessing it.

Second, you presumably inherited the car as your husband's wife, either by his will (if he had one) or under the rules of intestate succession, making it your car.

You should indeed have legal grounds to fight repossession, but are advised to retain an attorney to help you.


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