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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2241
Experience:  Experience in estate planning including wills, trusts and succession planning.
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A friend died. He was in a wheelchair with no appreciable credit

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A friend died. He was in a wheelchair with no appreciable credit to his name and no will. I gave him a vehicle
which he agreed to pay me off in cash. He died owing me $4000.00. I have a contract with him, I and a witness
signing it. The title, however, is in his name without me as a lien holder.
My question is, as a creditor, do I have to fill anything out to get the vehicles title returned to my name? I
guess he owes a lot of creditors money so is there a possibility that I can loose the vehicle?
Lastly, His younger sister is responsible for his estate and she told me she hired a probate lawyer and my name
is on the lawyer list with my friend owing me money on the vehicle and I will get the vehicle back when probate
court is over. Is that true?
Hello! My name is XXXXX XXXXX I look forward to helping you today.

Sorry you are dealing with this situation and my condolences on the loss of your friend.

It is good that the sister has commenced probate on the estate. As a creditor you are entitled to be paid through the estate. Typically the executor under court supervision will liquidate assets in order to repay creditors. To the extent there is more debt than assets creditors will be paid a proportionate share. If there are enough assets or cash to pay off creditors the executor has the option and ability to satisfy the debt owed to you as a creditor by transferring title to the vehicle to you. However, if there is not enough other assets to pay off all the creditors this may not be possible. The good news is it sounds like she is aware of the issue and will attempt everything within her control to transfer title to you.

A creditor should receive notice from the personal representative and then must file a claim with the probate court. Here is a link to the form provided by the State of Wisconsin: www.wicourts.gov/formdisplay/PR-1819.pdf?formNumber=PR-1819&formType=Form&formatId=2&language=en

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you
J. Warren and 5 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

She has not returned my calls for 2 weeks. Should I stop calling and take her word?


A few days after his death she transferred ownership of the vehicle, I assume to herself. I found this out on the DMV website.


 


My friend wasn't close to anyone in his family so I don't trust her. Is my distrust warranted?

Thank you for the follow up. It seems like anytime there is an estate concerns about trusting the personal representative are warranted.

You can determine if a probate has been opened in county by contacting the county clerk and if one has been opened and you have not received the notice of creditors you may submit a claim against the estate.

I would continue to call and inquiry as to when you can expect the vehicle to be transferred into your name and also when you can expect the notices to creditors and interested parties to be delivered.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
J. Warren and 5 other Estate Law Specialists are ready to help you

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