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Legal question.

Kthien915

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Long story I’ll make it short. Mom passed last year, her car is in her name only and was not listed in her trust to any of the trustees. Moms estate has already been sold and all assets have been distributed. She was upside down on her loan and bank was notified that payments were going to stop. Car sat for over 8 months none of the trustees wanted it, car it had no insurance, registration and plate was sent back to dmv. Tow company finally came and got the car (at my request ) after tow they sent a 2400$ bill. Since my mothers car was not in the trust can the tow company sue any of the trustees for the bill?
 

boatpi

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The estate is responsible for any outstanding debt.

but for $2400 is probably not gonna come after anybody the best thing would’ve been to call the finance company and have them come pick up the car and repossess it and call it a day.
 

boatnam2

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So you told the tow company to tow it away and why?
 

Kthien915

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The bank was notified multiple times over the course of 8 months. But due to COVID and people not making payments I’m sure they were swamped with repos. Car sat in front of my house rotting needed the space and didn’t want to abandon it anywhere and didn’t know what else to do with it . So I called the city police they came down I told them the story they tagged it and it was gone 2 days later.

Bill was sent addressed to my mother.
 

Ace in the Hole

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The estate is responsible for any outstanding debt.
Nope. Not after probate etc is closed. Not to mention the debt can be disputed.

OP talk to an attorney..if its AZ i can recommend a great one
 

C-2

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Just some thoughts, not a lwayer.

Don't disclose who the Trustees were - trusts are not normally public record.
The car was in her name, not yours, I don't see how they are going to bridge that gap.
You gave them notice of the death, it was their responsibility to file a claim against the estate. You fulfilled you fiduciary duty to the trust, you didn't do anything wrong, so I don't know how they can come after you personally.
It's also their burden to prove everything.

Maybe they know all this and issued an invoice to force a lien sale to recover their money? I don't know how that works when there was an existing lien/loan, maybe somebody else does.

You didn't enter into tow contract with the tow company, right?

They may try to intimidate you, but fawk em.
 

OCMerrill

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So the Bank wouldn't tell you where to take the car and drop it? That's just stupid on their part.

The tow yard will lien the title and then eventually sell the car.

I flat wouldn't respond to anything.

When a loved one die's, as hard as it is at the time, get a PO Box and don't use your home address to get their mail.
 

Kthien915

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You didn't enter into tow contract with the tow company, right?

They may try to intimidate you, but fawk em.
Absolutely not, i called the police they came tagged it and that was it. It was a nice car too Lexus RX.
 

Kthien915

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So the Bank wouldn't tell you where to take the car and drop it? That's just stupid on their part.

The tow yard will lien the title and then eventually sell the car.

I flat wouldn't respond to anything.

When a loved one die's, as hard as it is at the time, get a PO Box and don't use your home address to get their mail.
Nope we told them it was going to be at my address with they keys inside never once said to take it anywhere I thought it was dumb too. I almost took it to the dealer but I wasn’t sure if I could trade it in because my mother had a different last name and she was the only one on the title. Was told I could be responsible for the difference if sold at auction and I was the one who traded it so that didn’t work.

It was a Lexus RX so they will def get the money out of it. My sister is the one who got the bill she has a PO Box. But I bought my mother’s house, so her Mail is sent to my sis where as I live at her old physical address.
 

neilbachman

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Most likely they will send letters to the finance company and registered owner. I believe after 30 days, they can lien sale it and recover their costs. Finance company might respond to them or will just sign over the title and wash their hands of it. Like said before, not worth a tow company's hassle to go after a trust for the tow fee.
 

Angler

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Don't give it another thought. Don't reply to calls or letters about it. They will lien sale it.
 

DaveC

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Lien sale. The finance company will contact the tow company. They will work it out

You know nothing. It wasn’t in your name so no worries.

Probate is over. The bank will recover the collateral
 
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