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What is a personal representative's responsibility to a finance company with a lien on an estate car?

Fort Lauderdale, FL |

I was appointed to be the personal representative of my fathers estate in a Broward county probate case. Its a very simple estate but the biggest problem is my father's car and the finance company. I am very unhappy with my lawyer because she does not seem to answer my questions and is never available. We had to run the ad of the creditors notice, which started a month ago. I have been trying to deal with the finance co for my fathers car and I want to give it back to them, but they will not respond to me. The car has a lien and it is underwater. I don't want to deal with the car any more and I have to keep paying insurance and parking. I want to drop the car off at the finance co. My lawyer says I have to wait for the case to be "administered." I think I need help.

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Attorney answers 3


Speaking for probate attorneys everywhere, a lot of what your attorney is probably doing is not evident to you. It consists of filing the necessary paperwork, including the creditor's notice and then waiting until the proper statutory period has expired for the administration to move forward. You will have to be patient - probate takes time and has to run its course. Speak with your attorney or her paralegal about your concerns.

My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts for disabled children and adults.


I am sorry to hear about your troubles and also for your loss. Without additional information it will be hard for any attorney to properly advise you on your specific situation. Did the car company file a claim against your father's estate? If so, your attorney is correct in advising you need to wait until the administration of your father's estate is completed to resolve the issue with the car.



The car company has not filed a claim. That's the problem. They are not doing anything and I want them to pick up the car so I am not responsible for insurance and garage fees, etc.


If your attorney has sent a Notice to Creditors to the car finance company then the next step is to wait until a claim is filed with the Court or the time period for filing the claim expires. The finance company will likely pick up the car if payments are missed. Set up a meeting with your attorney to discuss the creditor process so you can understand all of the implications.

Answers to questions on this site are not intended to be specific legal advice nor create an attorney-client relationship. Hiring an attorney is a very important process which requires a high degree of diligence as well as entering into an agreement regarding the services to be provided and the fees to be charged.