Skip to main content

My mother passed away leaving everything to me in her will. No probate.

Saint Clair, MI |

She had leased a vehicle for which she paid the total due at beginning of lease. It is now time to return it and US Bank is insisting that they cannot speak with me about this matter since I am not on that account. They are demanding a small estate affidavit. All I want to do is return the vehicle. Why do they need a small estate affidavit and what happens if I don't get one for them?

Attorney Answers 4

Posted

No one can tell you why they need an affidavit other than them!! If you don't get one for them. they may not take the car back!!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Mark as helpful

4 lawyers agree

Posted

Whatever your mother owned at the time of her death now has to be passed on. In other words, title has to transfer.
A will tells the probate court how the court should transfer title to the items mentioned in the will. The actual passing of the title is done by the probate court.
If your mother's estate was small, you can complete a small estate affidavit and this will allow you to deal with the issue of the car.
Getting the small estate affidavit may be a minor hassle, but it will allow you to avoid larger hassles.

I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

Mark as helpful

4 lawyers agree

1 comment

James P. Frederick

James P. Frederick

Posted

Agreed, but title is held by US Bank. There is no title that needs to transfer. I think someone at the bank has flipped to the wrong page of their procedural handbook. What they are asking for makes little sense. There might be a difference, if the "estate" is due a refund.

Posted

If you do not want to follow Mr. Conway's advice tell them to come reposes the car as your mother's credit report doesn't mean much right now.

Mark as helpful

4 lawyers agree

Posted

Why they need a small estate affidavit is not clear. Your mother's "estate" has no interest in this vehicle. On the one hand, getting the affidavit is a very simple thing. You can download one, here: http://courts.mi.gov/Administration/SCAO/Forms/courtforms/estatestrusts/pc598.pdf

You would need to get it notarized, but that is no big deal, either.

If you do not provide them an affidavit, it is anyone's guess what happens. If they do not accept the car, you have no obligations to them. The estate does, potentially, but the estate does not exist. I think you are at an impasse, then, and it would be up to US Bank to figure out how it gets its car back.

Their position is ludicrous. If you want to make a point, you can refuse their demands and let them figure it out. If you want to just not deal with this anymore, then download the affidavit and let them go away happy.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Mark as helpful

3 lawyers agree

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics