Legal Question in Wills and Trusts in Kansas

My father passed away in July. My mother pre-deceased him. They drew up a will in November 2000. My father remarried 3 years ago but never had the will amended to include the new wife. I am the executor of the will. The car she claimed was hers is titled in his name only. There is also a loan on the vehicle for $13,000. The car is worth about $9500. I am working to try and resolve this with the lienholder. If the vehicle is repossessed, can the lienholder attempt to collect additional monies from the estate? Is the new wife legally responsible for any of this debt? The estate has very little assets.


Asked on 11/17/11, 4:43 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Sorry to hear about your father's passing, You have my condolences. If there is a deficiency (money still owed on the car note after the repo sale) the creditor can make a claim against the estate, but they rarely do. The surviing spouse may have a claim for some of the assets of the estate, including the vehicle. She may also be able to get the entire will set aside. If the car is the major piece of property, it might be best to just have her make the payments and use the car. If it gets repossessed later, they probably cannot come after her, if she was not on the note.

Good luck

Read more
Answered on 11/18/11, 1:38 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Kansas