Legal Question in Wills and Trusts in Wisconsin
Vehicle lease
My father recently passed leaving
behind a leased vehicle. We were told
by the company that we could return
the vehicle, after providing a death
certificate, and we would owe
nothing more than was already paid.
Nine months later we received a
letter from a lawyer attempting to
collect $3,886 that we believe is the
difference between the remainder of
the lease and what they were able to
resell the vehicle for. We
unfortunately did not get anything in
writing but when we tracked down
the person who told us that, he said
that the company has since changed
their policy. Which is it? Are we
financially responsible for a vehicle
we turned in nine months ago? If we
don't pay will if affect my mother's
credit?
1 Answer from Attorneys
Re: Vehicle lease
This is a complicated question involving probate and marital property law. Since your mother survives your father, it is likely she was a party to the lease of the vehicle. Even if she was not, Wisconsin marital property law may leave her personally liable for a portion of the lease. In a technical sense, your father's estate is likely partially responsible for the deficiency on the lease and your mother also responsible. I can't say the method the leaseholder used to determine the deficiency is correct; however, both the estate and your mother could likely have been left liable for the continued lease payments and any deficiencies at the end of the lease. So, paying the deficiency may be the best way to resolve this issue. I cannot speak to the accuracy of the deficiency amount. And, yes, if the deficiency remains unpaid, it could ultimately affect your mother's credit.
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