Legal Question in Wills and Trusts in Kansas

Probate limitation periods

My son purchased a car from a dealership whose owner was killed. He had been making his payments in a timely manner until the vehicle was totaled in an accident - at which time his payments stopped and it wasn't until after he tried to contact the company- from which the car was purchased that he found out this information. The owner was killed in 2005. When he (my don) tried to get information on where to forward the final payment - there was none available and the state (where the vehicle was purchased) forwarded information to the insurance company and the vehilce is now listed on his credit report as paid off. Now the estate is trying to say that he was unlawfully enriched and is threatening suit. This is more than a year after the owner was killed. The probate documentation says that after 4 months there is no liablity for the creditors (deceased) but wouldn't this also applied to debtors when such a long period has passed without any legal notification? The forwarding information (0n where to send the payments) wasn't forwarded to my son until after the payments stopped. Again, more than a year later.

Thank you for your time.


Asked on 12/11/06, 4:51 pm

1 Answer from Attorneys
Douglas Humes Law Office of Douglas P. Humes

Re: Probate limitation periods

As I understand it, your son bought a car, and borrowed money to pay for it. The creditor died - that has no effect on your son's loan - he still owes the money. The creditor's estate gives notice that if you have a claim against the estate, you must file it within 4 months or be barred. That rule is made so that the estate can be promptly administered, the claims paid, and then the assets distributed to the heirs. That rule has no effect on the fact that your son still owes money on his car loan. The general statute of limitations for contracts of this type is six years. I believe that your son still owes money on the car loan, and he would be unjustly enriched if he refused to pay it. Based on the facts that are given, I think your son should pay the balance of the loan.

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Answered on 12/11/06, 5:24 pm


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