Contract with deceased person

[nursdeb]

undefinedWhat is the name of your state?Missouri

My husband and i entered into a contract to make payments on truck and boat...the person died and left no will, or person in charge, he did not put a lien on merchandise...son-in-law trying to collect money...we do not feel contract is still valid since person deceased...person did not want son-in-law to have property...are we obligated to honor contract or is it null and void siunce person deceased

 

[HomeGuru]

undefinedWhat is the name of your state?Missouri

My husband and i entered into a contract to make payments on truck and boat...the person died and left no will, or person in charge, he did not put a lien on merchandise...son-in-law trying to collect money...we do not feel contract is still valid since person deceased...person did not want son-in-law to have property...are we obligated to honor contract or is it null and void siunce person deceased

**A: you owe the money to the estate so pay up.

 

[nursdeb]

contract with deceased person

We don't know who to pay...should we wait until court takes up matter...there are apparantly other children...this happened a year ago

 

[HomeGuru]

We don't know who to pay...should we wait until court takes up matter...there are apparantly other children...this happened a year ago

**A: ask the son-in-law for the probate civil number. If no probate, the money goes to the state.

 

[I AM ALWAYS LIABLE]

**A: ask the son-in-law for the probate civil number. If no probate, the money goes to the state.

My response:

I was right with you, Homie, until you said, "If no probate, the money goes to the state."

Sorry, but the "State" has no claim in this contract matter, and is therefore not entitled to receive any money from our writer. As a matter of fact, the State isn't in Privity of Contract with our writer, and the "person" from the State looking at the payment check would probably say, "Huh? What's this about?"

The payment money goes into an account set up by our writer and is only paid out when our writer is notified in court papers; i.e., "Letters Testamentary", that our writer shall pay the money, and to whom the money is to be paid - - from the deceased person's family.

The writer is legally entitled to know who, from the deceased person's family, has "legal authority" to receive the payments.

IAAL

 

[JETX]

Agreed.

I suggest the writer send a very nice letter (certified RRR) addressed to the seller (now deceased) at his address, describing the purchased item and including a copy of any contract or purchase agreement.
Indicate that you are ready and willing to comply with the full terms of the contract when advised by the sellers estate as to who the proper 'party' is. Provide your return address and ask that a "legally authorized" estate representative contact you.

Then, put the payments away somewhere and do NOT spend them.