Is the car is mine and am I responsible for the remainder of the loan balance after my boyfriend passed? 20 Answers as of April 09, 2014

My boyfriend bought a car and put his name and mine on the title. He died last week. His family is saying it should go to probate. Any help would be appreciated.

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The car is yours and you will be responsible for the remaining debt if you want to keep it; you don't need a probate as car was in your joint names.
Answer Applies to: California
Replied: 4/9/2014
Stephens Gourley & Bywater | David A. Stephens
Whoever gets the car will be responsible for the loan. If your name is on the title it usually does not require a probate for you to own the car.
Answer Applies to: Nevada
Replied: 4/8/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
If both names are on the title, it should go to you.
Answer Applies to: California
Replied: 4/9/2014
Law Offices of Frances Headley | Frances Headley
Unless it is an extremely expensive car then probate is not necessary. The ultimate disposition of the car depends upon how the title is held. You need to consult a probate attorney to review all of the documents and advise you.
Answer Applies to: California
Replied: 4/8/2014
Danville Law Group | Scott Jordan
I am sorry for your loss. If you are on title to the vehicle, it now belongs to you solely. You need to continue making the car payments to the bank. Are you also on the loan? Unless your boyfriends estate, including the vehicle, is worth more than $150,000, probate is not required.
Answer Applies to: California
Replied: 4/9/2014
    Frederick & Frederick PLC | James P Frederick
    Depending on how the vehicle was titled, it may be yours. You may not be responsible for the loan balance, but if you fail to pay, the vehicle can be repossessed and you will lose it. If the car is an estate asset, the estate would be responsible for the debt. If you want to keep the vehicle, you are going to need to pay the debt, even though you are not strictly liable for it.
    Answer Applies to: Michigan
    Replied: 4/8/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If the title is in both you and your boyfriend's names, then the car becomes yours on his passing. If you want to keep the car you should pay on the loan. The car is the collateral for which the loan was made, not because of whose name the loan is in. If the loan is not paid, no matter who paying it, the car will be re-possessed. For this reason there is no need to go to probate. However, if there is other titled property in your boyfriend's name, probate is necessary.
    Answer Applies to: Florida
    Replied: 4/8/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    On the title, near the top, there will be a box that says "survivorship." If this box is marked "y/y" then the car was owned jointly, with right of survivorship, and upon your boyfriend's death the car is now yours. You will have to pay the loan. If it's not in survivorship, then his family inherits, and they will have to pay the loan.
    Answer Applies to: Oregon
    Replied: 4/8/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It depends on your state's law. It may be that you own half the car and the estate owns the other half. You need to take the title to a local attorney to help you figure it out.
    Answer Applies to: Idaho
    Replied: 4/8/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    The probate process would have to be initiated in the total value of all of your boyfriend's assets total more than $150,000.00. If your name is on title as a joint owner of the vehicle, you may be able to contact the DMV with a certified copy of the death certificate to transfer title. Contact a probate attorney to discuss your options.
    Answer Applies to: California
    Replied: 4/8/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Is the title an "or" or is it an and. If "or" no probate, if "and" probate of his ?. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship.
    Answer Applies to: Nevada
    Replied: 4/8/2014
    Gates' Law, PLLC | Thomas E. Gates
    Since both names were on the title, the surviving party is the owner.
    Answer Applies to: Washington
    Replied: 4/8/2014
    Carrington Law Office, P.C.
    Carrington Law Office, P.C. | Andrew O. Carrington
    If your boyfriend had a will, the will would control who gets what. If he did not have a will, then the family is correct. His estate needs to be probated. In the probate case, you can make an argument that he intended the car to go to you since he put your name on title. The bottom line is however, that you will not be able to get the car right away simply because your name is on the title.
    Answer Applies to: Washington
    Replied: 4/8/2014
    Ronald K. Nims LLC | Ronald K. Nims
    If the loan is in his name only, the lender will want to repo the car to get their money. If the car is worth more than the balance of the loan, 1/2 would be yours and 1/2 would be his estates.
    Answer Applies to: Ohio
    Replied: 4/8/2014
    James Law Group
    James Law Group | Christine James
    HOW the title reads will determine who gets the car. If it is joint title, you will get it. If not, 1/2 of it will likely belong to his estate. That said, many cars are liabilities, not assets. Go to the DMV and show them the title. They will be able to tell you if they can transfer it in your name alone. Be careful though, you don't want to start a legal battle with his family.
    Answer Applies to: California
    Replied: 4/8/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Check your state's statutes about whether you are considered married or otherwise legally attached to your late boyfriend. A few states still allow common law marriages. If you are considered legally joined together, you would probably inherit the vehicle and would be responsible for making payments. If you were not legally joined, you would own a partial interest in the vehicle (your name is on the deed) and probably be responsible for some of the remaining payments if your name is also on the loan. Your late boyfriend's estate would own the other half of the vehicle and that part would be included in the probate process as well as some or all of the loan payments .
    Answer Applies to: Nebraska
    Replied: 4/8/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If the vehicle is titled in both names it was jointly owned and you are entitled to the asset without probate. You would, however, be required to pay any lien against the property if you wish to keep it. This obviously assumes that what you refer to as the "loan balance" is secured by a lien against the car.
    Answer Applies to: Minnesota
    Replied: 4/8/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally it is yours, but it is probably security for the loan and therefore subject to repossession of the loan is not paid.
    Answer Applies to: Michigan
    Replied: 4/8/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The loan will follow the car even if you are not the borrower under the loan. As the surviving joint owner of the car you are the new owner but you will have to pay the loan or the loan company will take the car. You could disclaim it and it would then become part of the probate estate. ls click here.
    Answer Applies to: Illinois
    Replied: 4/8/2014
    Attorney At Law | James G. Maguire
    Unless he left you his ownership interest in the car in a will, one-half of the car is part of his estate.
    Answer Applies to: Louisiana
    Replied: 4/8/2014
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