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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33759
Experience:  Began practicing law in 1992
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a widow Im helping with her finance has a problem. Her husband

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a widow I'm helping with her finance has a problem. Her husband had alshymers (sp).
He bought an RV. She did not know until it showed up in the driveway. Her name is XXXXX XXXXX the title or the loan. The only connection between her an the vehicle is the joint account that she and her late husband had at a credit union that the payments are drawn out of each month. The question I have is can she close the account and give the keys back to the credit union and can they come after her. There is a little equity is the vehicle so the credit union should not lose money on the deal.
Thank You,
Gerry [email protected]

JD 1992 :

They can try to come after her but she has some good defenses.

JD 1992 :

She could also open an estate for him, especially if she has to clear title to land, etc., and then see if they file a claim as a creditor. If they don't then they can be barred from trying to collect it from her.

JD 1992 :

She may also want to check and see if he purchased "credit life" insurance when he bought the vehicle.

JD 1992 :

One thing she can have her lawyer try, assuming that she opens a probate, is to make the claim that he was "incompetent" to sign a contract and therefore the contract is void.

JD 1992 :

That will often scare them into dropping any claim they might have against her.

JD 1992 :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

Customer:

Why does she have any liability at all?

JD 1992 :

OK is a marital property state as opposed to a community property one but any debt incurred during the marriage for property used by the marital estate can be attributed to the other spouse. In this case I don't think they would be successful, as I said she has a good defense, but that doesn't mean they won't try. If payments were made from the marital bank account and the RV was used by them both (which a court is going to presume) then the credit union can argue that it was a debt of the marriage.

Customer:

thank you

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