Any kind advise for me as this can happen to anyone

TroP|caL SG

Good morning bros and sisters out there,

1st of all i would like to thank all those reading this and provide any kind advise for me... it goes like this.

i bought a mazda 323 in 2003 and registered under my dad's name as he was not working, and he borrowed a car loan with sing investments and finance. At that time i was a regular in the armed forces so i became his gurantor and paid the monthly installments... and shared the car with my dad...

my dad unfortunately passsed away in sleep last augaust 2005 without leaving any WILL, stating the car will go to whom if anything happens to him. and i did not see a problem as my mum is still around and im the gurantor for the car somemore taking granted that the possession of the car will go to the spouse or the gurantor.
3 months down the road i was stopped at a road block, the tp comment about the owner ship of the car as the owner has deceased and request for my insurance cert... i told him i'm the son and present the cert without any problems... but decided to check out will there be any problems if i want to transfer the name to mine
i ask a lawyer regarding the above mentioned and he said he charge a $4000+ legal fees just for transfering... because of some involement of something like estate duties, executor, paper works... all this process takes about 4-6months... on hearing this i decide to look for other alternatives as to transfer of the name...
i approach the LTA and they ask me to refer back to some government body which i forgot the name... i went to the office of the government body and they said they couldn't help because it's under hire-purchase loan...
so i decided to rest for a while and look for a new job as i left the service as a regular in the armed forces on march 06... till now when im about to used up all my savings and have not found a proper job... i've decided to sell the car away as i can foresee a financal crisis comming on the way...
i called up sing investment and finance last week and requested for a statement of accounts so i can scrap or trade in my car to the dealer and told the finance company about my dad's news and requested for any help that they can provide me... they reply that they cannot submit a statement of accounts for me... going by the book and law they requested for a document called 'PROBATE'... my dad's death cert and my birth cert... What the hell man, my mum is still around and im the gurantor somemore... if someone passes away shouldn't the spouse or the next of kin get all the possessions? at least im the gurantor somemore if someone stops paying the installments isn't they suppose to chase after the gurantor???
i called up my lawyer again and ask him about this 'PROBATE' thing and he said the same old things again... estate duties, executor, $4000 for all the paper works in 4-6months time... how the heck can i pay with my savings almost depleted and i still have a old age mum to take care of?
now im in a dilemna to sell off my car... and i have been having sleepless nights and very perplexed by this matter...
Any kind souls that can give me sound advise on this matter...it will be greatly appreciated... once again i would like to thank you for reading this topic...

With warmest rgds
TroP|caL

spec SG

You need a Grant of Probate which should be done by your lawyer. As no will was drawn up, whatever that is under your father goes into the estate. To sell the car, you will need special permission, ie. anyone who is challenging the estate etc etc. The lawyer will have to work that out for u and it will also needs the executioner’s permission. Upon which, LTA then will grant you permission to liquidate the car. Hope this helps.

the_fallen SG

it's all part of the legal process

govt is very smart

things which cost money if without any will, will go back to the govt funds in the teasury.

things which are liabiilities to the govt, they will find ways to get back the liabilities.

If you observed the news, it's always this case.

Correct me if I'm wrong. Very Happy

What are your plans?

Do you have a stable job above 3k? (min income for supporting a car)
if you need to support your mom, you need more income.
medical bills and car maintenance etc.
what's your age? - touch wood - but just to play safe, are you at risk of being retrenched any time?

these are just some simple questions that you need to consider if you still want your car and stuffs like that.

hope my comments help in a way or another.

TroP|caL SG

Thanks for the info... i know ratherly what u meant... but the thing is i dun even have a full time proper job... im earning less than 1k a month... if i cant afford the lawyer fees... how? how am i going to solve this issue if i cant even afford to pay the legal fees? Haiz... I still have my mum to feed and my grand mother just passed away a week ago of cancer... now i have to settle her medical bills which amount to 15k+++
i believe the government won't see their poor citizens die like this right? i didn't even commit any crime... Haiz... Pretty Stressed!

sir_boris SG

sorry to hear abt ur situation.

i'm curious though tat our TPs (must have been the entire force) were so free to remember ur license plate no and have been constantly on the look out for ur car.

well.. guess the only solution is to go thru the legal procedures no other choice. perhaps "shop" for a better price lawyer i'm sure there's one around.

lesson learnt.

rmyfrm SG

Edit: FYI ~

I'm sorry to hear about the passing of your father; what you have on your hands is an intestacy.

Start by applying for the letters of administration. Having obtained that, the rest of what must be done is generally procedural.

No lawyer will work for free; the same can be said for anyone. You could always apply to the legal aid bureau - depending on your circumstances, they might be able to assist you regarding the affairs and estate of your late father.

http://app.minlaw.gov.sg/lab/default.asp?r=2

Good luck!

spec SG

Quick check. Was your father sick for a period before passing on? Under CPF board, there is this thing called DPS, which will give you a lump sum when your dad passes on. Check that. The money can assist you to tide over your difficult period.
As for your mum, doesn't she work and at least have some Medisave $$?
Legal Fees can be obtained from the estate if dispensed......the same goes for estate duties.

ShutterBug SG

Hey, I went through the same CRAP when my dad passed in 2003 too...

my case took 3 years for the lawyer I hired to obtain the Grant of Letters of Administration, so that I can act on his behalf to sell off his shares to settle his outstanding debts with creditors...

It was such a lengthy hassel...

Anyways, you need a lawyer, and yes they charge from $3000 - $5000 depending on complexity.

A lawyer is the only avenue if your dad didn't make out a Will before passing on.

play_n_play SG

u r very unlucky...pray for u...

rmyfrm SG

The forumers have been very helpful towards you Smile Usually in sgForums, half-baked irrelevant answers are given.

What ShutterBug has said is right.

I will stress again the importance of obtaining the letters of administration.

Having obtained that, most of which that is to come is procedural. You would be able to dispose of your dad's assets, etc. and claim any costs you incur, as administrator of the estate.

I understand that the problem behind your problems is the lack of ready cash. I would suggest taking a small loan from relatives, or approach the LAB. The initial steps in acquiring the right to handle and dispose of the estate requires a small upstart - the biggest is yet to come Wink

Xcert SG

my understanding is that estate duties to the govt must be paid in full BEFORE the deceased's estate will go to U...so U need to have money to pay the estate duties first....legal fees can be worked out between the lawyer and U as to when to pay...

spec SG

Yes, but work out something with the lawyer based on the size of estate to be dispensed.