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?


Asked on 8/23/07, 4:44 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: lease car

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

"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.

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Answered on 8/23/07, 11:49 pm
Frank J. Pyle Probate Attorney Throughout Florida

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.

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Answered on 8/24/07, 3:21 pm


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