Friend sold my car and has passed away

eskbanker

Legally it was your property and not his to sell, but in the event of a dispute (e.g. if his family assert that you'd gifted it to him), it'll come down to the relative credibility of any conflicting stories and the extent to which they can be evidenced.  If the family are currently onside, despite their tragic loss, then it would probably be worth steering clear of any reference to legal rights, and save that for if it ever becomes necessary, but I imagine that they'll have plenty to deal with without prioritising discussion about your car, so you'll probably need to be patient....

Okell

saint87george said:

What evidence do you have of your arrangement with the deceased?

You're eventually going to have to approach someone connected to the deceased (executor or administrator, who may well be a grieving family member), either directly or through the small claims court, as the debt (if you can prove it) will be owed by his estate.

... But for me I want some confirmation or advice to state what legal rights I have to either my money or my car

If you were the owner of the vehicle and you had an agreement with the friend of a friend that he would sell it on your behalf, then of course you would have a legal right to the proceeds of sale.

But if the friend of a friend has died and you have no tangible proof of the agreement between the two of you - apart from your own word - you might struggle to prove and to enforce whatever legal rights you might have.

Mildly_Miffed

He was a sole trader, so his business finances are inseparable from his personal finances.

He was in possession of your car. He owes you the car back or the value of it.
Since he is deceased, his estate takes on that responsibility.
You are in the exact same position as any of his other creditors.
If his estate is insolvent, then it is insolvent... You may get a proportion of the debt, you may not.

But the only way you're getting anywhere is by dealing with the executor of his estate, who is likely to be a family member.

lr1277

When you contact the family and they say yes the car was sold. Here is your money: £8k. I know you valued it at £11k. The family could say that was all that was received for the car. Not sure how you proceed then.

saint87george

saajan_12 said:

Did friend have any assets himself? If so, then before his family inherit something you (and any other creditors) should get repaid. That can sometimes colloquially be phrased as asking the family to pay, but its not technically. 

However if no assets, then legally you wouldn't have any claim against the family. 

I don't know tbh. I feel I need to gather some evidence to support my case anyway so I can almost claim my money back thats owed to me legally whenever the estate is sorted/probate etc?
 

photome

saint87george said:

saajan_12 said:

Did friend have any assets himself? If so, then before his family inherit something you (and any other creditors) should get repaid. That can sometimes colloquially be phrased as asking the family to pay, but its not technically. 

However if no assets, then legally you wouldn't have any claim against the family. 

I don't know tbh. I feel I need to gather some evidence to support my case anyway so I can almost claim my money back thats owed to me legally whenever the estate is sorted/probate etc?
 

Don’t hold your breath, Probate can take a good few months and that assuming it is put in motion straight away

eskbanker

saint87george said:

saajan_12 said:

Did friend have any assets himself? If so, then before his family inherit something you (and any other creditors) should get repaid. That can sometimes colloquially be phrased as asking the family to pay, but its not technically. 

However if no assets, then legally you wouldn't have any claim against the family. 

I don't know tbh. I feel I need to gather some evidence to support my case anyway so I can almost claim my money back thats owed to me legally whenever the estate is sorted/probate etc?

Probably best to consider it as two separate issues, i.e. proof that there is a debt isn't the same as actually getting it paid out from the estate.  You have no control over the timing of the latter (and it remains a possibility that it doesn't happen at all), but it certainly makes sense to line up everything you have for the former....

Nobbie1967

saint87george said:

saajan_12 said:

Did friend have any assets himself? If so, then before his family inherit something you (and any other creditors) should get repaid. That can sometimes colloquially be phrased as asking the family to pay, but its not technically. 

However if no assets, then legally you wouldn't have any claim against the family. 

I don't know tbh. I feel I need to gather some evidence to support my case anyway so I can almost claim my money back thats owed to me legally whenever the estate is sorted/probate etc?
 

You need to contact the executor ASAP to lodge a claim against the estate. If you wait until the estate is sorted, whatever money is in the estate will be distributed to beneficiaries of the will and there will be none left to pay you. Quickly gather as much info as you have, car registration, details of sale agreement (verbal or otherwise) and an idea of when it was sold. The executor will need as much info as possible to trace any income from a sale. What sort of value are we talking?

Bigphil1474

The car was valued at £11k. 

GrumpyDil

Assuming this will need to go through probate then you absolutely need to make sure it is picked up by whoever is dealing with the estate to make sure it is correctly recorded as a debt.