Legal Question in Wills and Trusts in Florida
lease car
My mother in law died earlier this month and she has a lease car. Nobody other than her was on this lease, they are saying 7,000 is owed to turn the car in early, what are our options?
2 Answers from Attorneys
Re: lease car
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"They" apparently have no idea of what they are speaking about. If only your mother-in-law was on the lease, then if she has no probateable assets, they have no way to collect. You should call back and speak with a manager of the leasing company and explain about the death. Let the manager know that they company can agree to pick-up the car now and minimize their losses, or they can sit and wait while payments are not made and incur additional expenses to have to repossess it later when they realize that nobody will pay for the lease payments in her place.
Scott R. Jay, Esq.
Re: lease car
Mr. Jay's answer is correct. However, if your mother-in-law owned assets (home, bank account, etc.) in her name alone with no beneficiary, probate will be required, and they have the right to file a claim against the estate. If she owned a home, it would not be subject to creditors (other than a mortgage co., or the tax folks) even if probate is necessary. Let me know if you need further clarification.