Who is responsible - individual or estate?

maman

ziggycj said:

Scenario:
My cousin bought a car from my Dad for £2000. The agreement was to pay £200 a month until the cost was cleared. However, before clearing the cost, they passed away. So there was £1000 left still to pay.

The son of my cousin took ownership of the car. We agreed that they could pay off the remaining £1000 at a rate of £100 a month. 

They started payments and are currently using the car, but are now saying they will pay the rest once the estate is finalised. 

I was basing it on the first post which says that the cousin died owing £1000 so a debt to the estate. 

ziggycj

maman said:

There seems to be a lot of confusion in responses. 

Am I right in thinking that originally the car was sold to OP's cousin so the agreement was between the cousin and his uncle (OP's dad). Subsequently, the cousin has died with money outstanding. The cousin's son has now taken over the car and entered into a new agreement with OP's dad to pay £100 per month.

These payments have now stopped as the young man is planning on paying it instead when he gets an inheritance.

If I'm correct in my understanding then surely the agreement has nothing to do with the deceased cousin's estate but is between the young man and OP's dad. 🤔

Yes, the car was sold to my cousin. His son has now taken ownership of the car and entered a new agreement. I would have said it's now between my cousin and my Dad, but based on other responses it's still the estate.

Note: the son was estranged so they aren't really keeping us in the loop on anything (or accepting support as we knew more about his financial situation etc). 

ziggycj

sheramber said:

There were messages between my cousin and my Dad (before cousin died)
Then messages between my cousins son and my Dad (confirming a new repayment agreement).

Can you confirm.


Did the son take over the car after the cousin died or before he died?

Who is the executor of the estate, as they would need to agree to the son taking over the car if it was after the cousin died?

After.

We aren't sure who the executor is. He never left a will. The oldest son (also estranged) seems to be managing things, but as both children never spoke to their dad or this side of the family, we aren't being kept in the loop on things.