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Roger, Attorney
Category: Legal
Satisfied Customers: 31787
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son passed away in 2014 and his wife handeled the

Customer Question

My son passed away in 2014 and his wife handeled the probate, She told my husband he could have son's truck. This was after probate. We went to bank and paid off truck and was told would receive title in 7 to 10 days. Never received it. was told a loan was taken out and truck was used for collateral. We were never told of loan. They were told to refund money, they said no. They would sale truck, pay off loan and we would then get our money. We did't agree. This was at least 6mo. ago and truck is still parked where my son last parked it in our yard. What can we do? We live in SC
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Do you have anything in writing that outlines the agreement -- or is it all unwritten/verbal?

Customer: replied 1 year ago.
We have receipt where we paid loan off.
Expert:  Roger replied 1 year ago.

Ok, but do you have a written agreement with his wife that says she'll transfer the vehicle if the loan is paid off, etc.?

Expert:  Roger replied 1 year ago.

.....or was this just a verbal agreement?

Customer: replied 1 year ago.
Expert:  Roger replied 1 year ago.

Ok. Thanks.

If there is nothing in writing to validate this agreement, it could be very difficult to enforce it.

Expert:  Roger replied 1 year ago.

However, the only thing you can do at this juncture would be to try to get something in writing that says it was agreed that if you pay off the vehicle, the title would be transferred. If you can get something in writing, you could file suit to compel transfer of the title and use that agreement as proof of the terms of the transfer.

Expert:  Roger replied 1 year ago.

However, if you cannot get anything in writing, the only real thing you can do is file suit to enforce an oral contract, outline the terms to the judge , and ask him/her to find that a contract was created and that it is enforceable by you......and ask for specific performance to compel the title to be transferred to you.