Legal Question in Wills and Trusts in Texas

My father passed away last year. He had 4 vehicles since he ran his own business. Our lawyer had stated to us that if we voluntarily repossess the vehicles, the estate would not be responsible. Now im getting claims from our lawyers thru my fathers estate saying we(the estate) owes money due to the deficinecies. Can this be done?


Asked on 4/09/12, 1:33 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

you must discuss this with your probate lawyers....the facts described are not clear..and if lawyers make mistakes, they may have a way to correct the error..if a misunderstanding, it may not be their fault..no reasonable answer is possible on such little information

Read more
Answered on 4/09/12, 1:37 pm
Arthur Geffen Arthur H. Geffen, P.C.

I really don't have enough facts but if your father was personally liable on the notes for the cars, then his estate is liable on those notes as well when he passed. When you turned the cars in, (which is what this sounds like, but it not entirely clear) there was probably a deficiency. The estate is liable for the deficiency. You are not personally liable. If the estate has other assets, they are used to pay off creditors before they are distributed to the beneficiaries. Hope this helps and sorry for your loss.

Read more
Answered on 4/09/12, 1:39 pm


Related Questions & Answers

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