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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117369
Experience:  Attorney experienced in commercial litigation.
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My ex-wife died last week. She had a leased car daughter in

Customer Question

My ex-wife died last week. She had a leased car for our daughter in her name and she was paying the lease(she was a psychologist, earning in the six-figure range). My daughter's name was on the lease but she has has no income. My ex-wife paid the lease which was very expensive (somewhere around $380/month). The the car company that provided the lease (I think it's a Honda) told my daughter that she could not cancel the lease and had to pay the monthly cost for the next year or so. She has no income (she is a full-time student and is currently doing her non-paying, 40 hr/week internship to complete her Master's degree). Can the lease be cancelled or annulled under these conditions? If not, my daughter will have to quit school, sacrifice her internship just to pay for something she does not need (her mother's car is paid for).
Jack Demarest ***@******.*** (###) ###-####
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that the death of the principle on the lease does not terminate the lease. Your daughter is still liable on the lease because your daughter's name is ***** ***** lease. If her name was not on the lease, then your ex's estate would be liable for the payments.

Your daughter, absent a will to the contrary, is also an heir of mom's estate, so your daughter has to file to open probate on mom's estate and hopefully mom left enough money to pay off the lease.

It is not so drastic though that she would have to quit school and give up all her life's plans just to pay this lease, but she may have to adjust her life to get some part time job to make payments.

If she does not pay with her name on the lease, they will destroy her credit and can eventually garnish her wages when she does get a job.