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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7310
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My father had made a auto lease in August 2015 and prepaid 3

Customer Question

My father had made a auto lease in August 2015 and prepaid 3 years of the lease, but passed away in October. As an executor, I am looking for an answer on the best way to assume the lease and possibly make residual payment at the end of the lease? So far Chrysler Capital has been no help to me.
Submitted: 1 year ago.
Category: Legal
Expert:  Nishan Parlakian replied 1 year ago.

Hi Paul, I am sorry about your dad. Can you please tell me what state this is in? Thanks, Sean

Customer: replied 1 year ago.
Michigan. Also, the insurance (in his name) is coming due in May. We want to continue the use this vehicle for at least the 3 year lease, but are wondering about any complications doing so.
Expert:  Nishan Parlakian replied 1 year ago.

Hi Paul, if you want I would be glad to look at the lease papers and determine what the next steps could be. I think you have a significant amount of leverage since you would be justified in going back to the dealer and turning the car in and obtaining a refund for the lease unused. Dealer has a lot to lose and they are able to do things with the finance company that you can't. That said It is not unusual to have lease payments taken over by other people but getting the finance company to move is very hard sometimes. In all I don't see a problem simply using the car for the duration. It is legally leased, paid for and available. What would be the difference is my mom leased a car but let me use it because she is too old to drive? In other words the lease term is already taken care of it is not illegal or against the law for you to use it. The issue may be with DMV but if I am not mistaken, they have a mechanism to transfer ownership from a family member that has passed away to a living family member. This might be worth a look. Keep in mind that a lease is a type of ownership that would fall into this matter. Anyway, please let me know if you want to rate or if looking for more details please let me know and I will release the question. Thanks, Sean

Customer: replied 1 year ago.
I pretty much knew all of this. I have a MI lawyer reviewing the lease now. The early termination fee, if we chose to turn back in, would be charged against any refund and may be significant. I do have the dealer (GM) inquiring with the finance company to see what they will do. I would expect the last thing Chrysler & dealer want is a used car back. But so far Chrysler Capital has been very unhelpful, cooperative and in fact down right rude to us. Hopefully other out there will be warned about their anti-customer service tactics. This is my first time using any web site legal advise. I appreciate your reply, but not 100% satisfied with the results.
Expert:  Nishan Parlakian replied 1 year ago.

Yes, this is the auto finance industry. They could care less about you. Sorry you are not satisfied. I am going to put you back into the queue. Hope you get to where you need to be. Good luck.

Expert:  Irwin Law replied 1 year ago.

Hi Another legal expert here. It seems that you and your local attorney have things well in hand, so I'm not sure what information you are seeking here. Is it about transferring the lease through probate? I'll stand by. Irwin Law.