live in louisiana, dad had signed credit life insurance( which dealership and dad knew had all illnesses). Dad died, vehicle is a 2007 Tahoe in his name. Credit life after dad's death now wants medical history(since we knew he had all illnesses), mom went to GMAC and signed for the $2220.00(price of policy) to go for payments on vehicle. Dad did wrong on signing this policy(trying to get vehicle upon his death paid for), also dealership(which dad used for 30 yrs.) knew he had all illnesses, but still let him sign the credit life. Does mom need to get a lawyer. Department of motor vechile says she has to have title changed into her name, but how when GMAC is beneficiary on credit life policy.
2006-09-12 00:57:36 · 5 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Yes, he was committing fraud. Your dad was abusing the system so to speak. The dealership is not his keeper. They are there to make money. Anyone can purchase a policy. That doesn't mean the policy is valid. Many people lie on policies. that is why they verify certain information before paying out.
2006-09-12 01:05:42 · answer #1 · answered by ? 6 · 0⤊ 2⤋
Louisiana law is difficult, since it is based on the Napoleonic Code rather than common law - so, take this as general advice but be very aware that Louisiana law is different and what I write may not apply.
Ordinarily, a copy of the "letters testamentary" to the State Dept of Motor Vehicles is sufficient to change the name on the title.
Unless there is a specific exclusion in the credit life policy for pre-existing conditions, your mother may have lost a significant benefit by her actions - doing this without legal advice was an error in judgment and I hope you advise her to take no more actions without legal counsel.
Also, the facts as you state them is that your mother cancelled the policy - if that is so [and I sincerely hope for your mother's sake that it is not], GMAC is beneficiery of a cancelled policy and would have no standing in regards to title.
I am also troubled by your statement that "Dad did wrong..." That sort of moralistic judgement does not help your mother deal with grief at all and I advise you to get grief counseling for yourself as well. It is also a legal conclusion that is unlikely to be supported by either law or facts.
Get a lawyer who is experienced in probate matters and either go to law school or stop giving family members really terrible legal advice.
2006-09-12 08:26:34 · answer #2 · answered by Prof. Cochise 7 · 2⤊ 0⤋
Don't do anything. Hire an attorney and let him do his thing. What your dad did was fraud. What you are trying to do is cover it up. You can get in allot of trouble. Let the attorney handle this.
2006-09-12 08:00:31 · answer #3 · answered by Trollhair 6 · 0⤊ 1⤋
You know, you can add on to your original question instead of asking more stuff or adding more stuff in new posts. It would help the rest of us who are trying to help you.
2006-09-12 19:53:26 · answer #4 · answered by Chris 5 · 0⤊ 0⤋
This is a sticky situation, I would consult with a lawyer.
2006-09-12 08:00:51 · answer #5 · answered by WC 7 · 1⤊ 0⤋