A client just recently passed away and had recently taken out a lease on a toyota. His wife also my client was not on the lease and is trying to figure out if she is still responsible for the remaining lease. Toyota was giving her a hard time and not being clear. Any help would be appreciated.
They may give her a hard time up front, but ultimately the deceased spouse's estate is the only thing that could be held liable based upon my understanding. If there is no estate, then she should let them know that and request that they take the car back immediately.
what would the estate be responsible for?... If it was for the remainder of the lease ..then obviously the should keep the car.... very confusing....
If they live in a community property state, his debts are her debts. If they don't, then she could be liable if she acted to secrete the car from them, but if she makes it available to the dealership that's the turn in location (be careful not to sign anything that might obligate her), that's the end of it, except she might have to take a few calls from one of those collection firms that specializes in ever-so-gently trying to get relatives to pay the deceased's debts.
I had a close relative pass away and several claims were filed against his estate for things like the remainder of a car lease. I do live in a community property state. In the end, they took the car back at our request (we did have to produce the death certificate) and terminated the lease while releasing their claim as well. Most companies will tread lightly in these situations although they're always hoping somebody will just pay up and not question them.
i think anything that the husband or wife bought is a conjugal property and both of them are liable if anything happens. She might try to talk to toyota to have settled.
