Attempting to obtain auto title from estate of seller

[jkg6263]

My wife purchased a vehicle from an elderly man who wrote a contract stating that she would pay him $100/mo up to $3000 or his death, whichever came first. The seller passed away a few months ago. We have been trying to contact the executor of the estate (the seller's son-in-law) by phone and mail, with no success. I drove to their home today to see about getting the title, but was met with some resistance from the executor's wife (the seller's daughter - she alluded to wanting more money). The contract, as written by the seller, states that, "the seller agrees that his children and his estate will not confiscate this vehicle from the purchaser if he passes away during the payment plan of the goods".

I would like to know what my options are. I would prefer to stay out of the court system and get this matter settled per the seller's wishes.

Please advise. Thanks

 

[jharris352]

I would like to know what my options are. I would prefer to stay out of the court system and get this matter settled per the seller's wishes.

I'm sure you would like to solve this amicably and without court action, but that requires cooperation from the executor. They are obviously not in a cooperating mood. You can try to send a copy of the contract and a letter outlining your position by certified mail to the executor. Make a demand for title based upon the sales contract in your possession. Advise the executor if you do not receive the executed title in say ten (10) days you will be forced to make a claim in the probate court and will attempt to force the estate to pay your attorney fees for being stubbornly litigious.

That's about all you can do. If they continue to refuse, you are left with little choice but to file a suit against the estate, or to file a motion in the probate court. A small claims court suit against the estate for the value of the car is probably easier for a layperson. Does that help?

 

[jkg6263]

Yes. Thank you.