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I know this may sound like an odd question, but let me explain what
happened. We had an elderly family friend who passed away in April
2003. His wife predeceased him in October 2001. The husband and wife
owned two vehicles...one of them being a car which they owned jointly.
A year after his wife's death, George sold us the car and traded the
truck in on a new car. We completed a bill of sale and a title
transfer in September 2002.
It has been nearly 18 months since we assumed ownership of the car,
and 11 months since George died. The executor of George's estate also
happens to be his brother-in-law...the brother of George's deceased
wife. The executor sent me a letter requesting payment for "his (the
executor's) sister's car", saying he has no record that I paid for the
car (even though I gave George a copy of the bill of sale). He told
me to pay the money to him or his attorney within two weeks.
George had known us for many years, and he had few close relatives
after his wife died. He was very attached to our family, and since we
needed another car (and couldn't afford to buy a more expensive one),
he sold us the car for about $3,000 less that what it was actually
worth. I was angry when I got this letter, and I plan to visit the
executor's attorney with copies of the bill of sale, the title, and
the check (from me) that George signed and deposited. The car didn't
belong solely to the executor's sister; it belonged to her husband
also...upon her death, the car was George's, and he could sell it if
he wanted to. Since I can prove ownership, does the executor of
George's estate have any rights if he wanted to sue me for the value
of this car?
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Tammy S. wrote:
[bought a car & completed transaction with a guy who subsequently died.
Executor demands payment for car]
Since I can prove ownership, does the executor of
George's estate have any rights if he wanted to sue me for the value
of this car?
Based on your story and taking it as provable fact, no. He can of course sue
you because in our runaway legal system anybody can sue anybody else for
some of the most silly reasons imaginable. I suggest you politely show these
docs (or copies thereof) to the executor. This should stop any action on his
part. If you stonewall it, you may still win if he takes you to court, but
why go to all that bother if you can shortstop it now?
-paul
ianal
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Since I can prove ownership, does the executor of
George's estate have any rights if he wanted to sue me for the value
of this car?
No, not if the facts are as you have stated them. The executor is
blowing smoke. The lawyer should know this, and mailing him
photocopies of the title and bill of sale should suffice. Going to see
the lawyer could be counterproductive as you will not be on equal
terms (you are not represented by counsel).
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On Sun, 07 Mar 2004 15:12:21 -0500, IceCreamFan@aol.com (Tammy S.)
wrote:
Since I can prove ownership, does the executor of
George's estate have any rights if he wanted to sue me for the value
of this car?
In my opinion, having read the details you gave, the brother-in-law
has no claim against you.
--
Bob.
The facts expressed here belong to everybody, the opinions to me. The
distinction is yours to draw...
..
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...
A year after his wife's death, George sold us the car and traded the
truck in on a new car. We completed a bill of sale and a title
transfer in September 2002.
... The executor sent me a letter requesting payment for "his (the
executor's) sister's car", saying he has no record that I paid for the
car (even though I gave George a copy of the bill of sale). He told
me to pay the money to him or his attorney within two weeks.
...
Try to keep in mind that you know how the deal was made but the
executor does not. The executor is responsible for getting the
estate settled and has a duty to the heirs, not to you. He is
just looking after the interests for which he is personally
responsible.
I suggest you treat him respectfully, simply show him what you have
that documents the sale.
--
FF
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I know this may sound like an odd question, but let me explain what
happened. We had an elderly family friend who passed away in April
2003. His wife predeceased him in October 2001. The husband and wife
owned two vehicles...one of them being a car which they owned jointly.
A year after his wife's death, George sold us the car and traded the
truck in on a new car. We completed a bill of sale and a title
transfer in September 2002.
It has been nearly 18 months since we assumed ownership of the car,
and 11 months since George died. The executor of George's estate also
happens to be his brother-in-law...the brother of George's deceased
wife. The executor sent me a letter requesting payment for "his (the
executor's) sister's car", saying he has no record that I paid for the
car (even though I gave George a copy of the bill of sale). He told
me to pay the money to him or his attorney within two weeks.
George had known us for many years, and he had few close relatives
after his wife died. He was very attached to our family, and since we
needed another car (and couldn't afford to buy a more expensive one),
he sold us the car for about $3,000 less that what it was actually
worth. I was angry when I got this letter, and I plan to visit the
executor's attorney with copies of the bill of sale, the title, and
the check (from me) that George signed and deposited. The car didn't
belong solely to the executor's sister; it belonged to her husband
also...upon her death, the car was George's, and he could sell it if
he wanted to. Since I can prove ownership, does the executor of
George's estate have any rights if he wanted to sue me for the value
of this car?
IANAL, but it seems to me that if you have a bill of sale from the
prior owner, that I would assume was alive when he sold you the car :)
, it would mean the car is not part of his estate. The executor of
that would have no business making demands for it.
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No, not if the facts are as you have stated them. The executor is
blowing smoke. The lawyer should know this, and mailing him
photocopies of the title and bill of sale should suffice. Going to see
the lawyer could be counterproductive as you will not be on equal
terms (you are not represented by counsel).
Thanks for your responses. I do not know the executor personally, but
his attorney's office is very close to where I work, and it would be
convenient for me to stop by in person and leave the copies for him,
if not hand them to him personally. The executor is obviously
motivated by greed, and the only other thing he could take issue with
is the fact that the decedent sold the car to us for less than it was
worth. The executor is most likely thinking (or wishing) he could sue
us for the difference, which could run anywhere from $2,500 to $3,500.
Regardless, the seller made a conscious decision to sell it for the
lower price. To begin with, he offered to GIVE us the car...he
actually left the key to it under the mat outside our door, then
called and told us we could have the car (which was in wonderful,
like-new condition...NO piece of junk here), and he was headed to the
dealership to buy a new one. But, I was not about to take advantage
of his generosity, and I made him accept what the insurance company
paid us for the totaled car (less than the value of the newer one he
offered us). He didn't want any more money for it, and was eager to
complete the sale. Of course, his generosity is not in the best
financial interest of his his executor, who is the brother of his
deceased wife. This guy is obviously grubbing for every dime he can
get because the way I understood it from one of the decedent's
relatives, the deceased wife's family got EVERYTHING after this man
died. I guess getting this man's entire estate wasn't enough for
him...this dude is just foaming at the mouth looking for more money!
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In article <tsr050t4kof1727j8u82piaa6f59ka3b66@4ax.com>,
"Bob Brenchley." <Bob@format.publications.ukf.net> wrote:
On Sun, 07 Mar 2004 15:12:21 -0500, IceCreamFan@aol.com (Tammy S.)
wrote:
In my opinion, having read the details you gave, the brother-in-law
has no claim against you.
I think everyone is reading more into this than there is. I assume the
sale of the car was not long before the death. The executor obviously
became aware that the car was sold (to the OP). However, the executor
is not able to find a bank deposit, or other documentation that the car
was ever paid for. The executor has every right to go after accounts
owed to the estate. If the OP has documents (cancelled check, etc.) to
show that there is no outstanding balance, then end of story. As said
by others, the executor has no claims on the car itself or the agreed
upon sales price; he only has a claim on money agreed to but never paid.
--
-Ernie-
"There are only two kinds of computer users -- those who have
suffered a catastrophic hard drive failure, and those who will."
Have you done your backup today?
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