Legal Question in Wills and Trusts in New York
A man I lived with for 7 years just passed. The car I drive is in his name. I am going through the process of refinancing the remainder of the loan in my name. All the paperwork is good at the bank except for the death certificate. His father is trying to get me to send him a personal check made out to him, not the estate, and not to the lawyer handling the estate for $2000.00 in excess of what is owed on the vehicle, before he will send me a copy of the death certificate. Is this legit? It feels kind of untoward.
2 Answers from Attorneys
Do not send. The car is not yours as you have no title. You may be able to purchase it from the estate.
Do not assume the loan. The car, and the debt, belong to the estate. Let them have it, or make an offer to buy it. If you lived together in a common-law state, and held yourself out as husband and wife, you may be able to make a claim as his heir.
New York has not been acommon-law state since the 1930's.
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