Legal Question in Wills and Trusts in Michigan

Termiating an auto lease upon death

My father passed away in May. He had a leased vehicle that was leased through November. When he died, we inquired with the dealer about what to do. They recommended we turn it in.

Now the automaker's finance company is sending us a bill for the difference between the market value of the vehicle less what they ended up selling if for plus some other fees. Do they have a legitimate claim to the estate? Should we wait unitl they make a formal claim?


Asked on 9/18/02, 12:23 pm

1 Answer from Attorneys
John C. Talpos Talpos & Arnold

Re: Termiating an auto lease upon death

Hello, I have received your e-mail regarding your father's estate. I am not clear whether an estate has actually been opened in the Probate Court. If one has, the Personal Representative must either pay the claims or deny them pursuant to statute. If no estate has been opened, the estate must determine if there are "probatable" assets. If there are, claims must be paid. If there are no such assets, then you should so notify the creditor. There is no obligation for the family to pay your dad's debts out of your personal assets. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)

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Answered on 9/18/02, 6:05 pm


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