Asked in Civil Litigation and Contracts for Maine

Q: I sold my truck to my mom. she made a payment arrangement she passed away and she still owed $3000. Do I get the truck?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In situations like yours, where a family member passes away owing money on a private agreement, the resolution can depend on several factors. First, consider any agreement or contract you had with your mother regarding the truck. If there was a written agreement, it should detail what happens if payments cannot be completed due to unforeseen circumstances like death.

If no such agreement exists, or it doesn't specifically address this scenario, the matter typically becomes part of your mother's estate. Debts owed by the deceased are generally settled out of the estate before any distribution to heirs. You may need to file a claim against the estate for the unpaid amount. However, this can vary based on local laws and the specifics of the estate.

It might be wise to consult with an attorney to understand your rights and the proper procedure to follow in this situation. They can help you navigate the complexities of estate law and ensure that you take the correct steps to seek recovery of the owed amount. Keep in mind, the emotional and familial considerations in cases involving loved ones can make these situations particularly challenging.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.