Legal Question in Wills and Trusts in North Carolina
Totalled car not paid off in probate?
My mother died several years ago and wanted me to have her car. She still owed money on the car and for a few years the payments were made out of her estate. The car has been in storage for years, but when it had to be moved the engine fried, since that time it has sat in either my garage or my yard. After all this time the fin. Company is now trying to reposess the car?? It is not in my name, i can not register it, so since i could not use it anyway i have not replaced the engine. I do not want to give it up for sentimental reasons but can not afford to pay off the fin. Company and put a new engine in the car. To the best of my knowledge they did not file any claims against the estate... Do they have a statute of limitations ?? Given that a local mechanic has said the car is basically totalled what can i do to keep the car and obtian the title for it??
2 Answers from Attorneys
Re: Totalled car not paid off in probate?
this depends upon whether or not a probate was filed, notice was published, notice was sent to known creditors, and the contents of the documents filed with the court - from the petition to the final order of distribution.
Re: Totalled car not paid off in probate?
There are some basic forms available from the DMV for this type of transfer. You will need a copy of the death certificate.
We also provide a link on our firm's web site at www.No-Probate.com
Scott
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