Murfreesboro, TN asked in Small Claims for Tennessee

Q: My father in law just passed no POA or executor, all he had was a car with a loan on it. Can i not purchase that car?

It was a buy here pay here place and they want to take the car immediately and sell at auction and do not want to wait until we file Small estate to be executor. He is current on payments and a payment was just taken out of his account for this months payment after he passed. We just wanted to purchase the car since it was the last thing he had. Is there nothing I can do?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: If you have th Title in the Deceased's name (subject to the debt lien), then his Next-Of-Kin own it. Without the Title though there is little to argue as you have no standing. Possibly with the Small Estate Affidavit, the Administrator might sue for Breach of Contract on behalf of the Estate. But I doubt it is worth the trouble moneywise.

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