What can be done if my father died and has two car loans in his name? 9 Answers as of April 23, 2014

Both vehicles are in my deceased parent’s name. However, I drove and made payments on one of the vehicles until about 6 months ago. I no longer could make payments and voluntarily turned the car over to the lender. I still have not received notification about the car being sold in auction. The remaining car will turned over to the lender also. Neither myself or my siblings want the car. There is no will, trust, or appointed executor. What might the first steps in dealing with these issues and will we have responsibility for any of the debt for either vehicle. Thanks in advance.

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If you or your siblings did not sign on the car loans, you are not liable. I would suggest that you take the second vehicle to the finance company, give them the keys and GET A RECEIPT.
Answer Applies to: Ohio
Replied: 4/23/2014
Hicks, Massey & Gardner, LLP
Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
Unless you were a co-signer on the car loans, you would have no personal responsibility for the debt. His estate would be the debtor, and the finance companies would be limited to going after his estate. If he owned no property, there may be no need to open an estate at all. However, if he did have property (even if only a bank account with money in it) it may be necessary for someone to be appointed the administrator of his estate and deal with the property. In doing so, one of the first things to be done is to determine what debts where owed and to get them paid from what property there is.
Answer Applies to: Georgia
Replied: 4/22/2014
The Troglin Firm | William M. Troglin
The two car loans in your late father's name will be handled by the lenders if you surrender the cars to them. The Probate Court in the county where your father lived at the time of his death has jurisdiction over his estate (property of all kinds). With no will to probate, you would file a Petition for Letters of Administration (these letters give the named administrator the authority to act for the estate). Georgia has excellent probate laws but you need to speak to an attorney to determine the best course of action to take in your specific situation.
Answer Applies to: Georgia
Replied: 4/22/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You did not sign the note so will not be held liable.
Answer Applies to: New York
Replied: 4/22/2014
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
Let them take the car. Its not your obligation or your problem. Just because you made payments on it, does not mean it becomes your financial obligation to pay for it. Whoever signed has to pay, and if your father is the sole signer and he is deceased, then the bank gets the car back and you are out of it.
Answer Applies to: Illinois
Replied: 4/22/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally the Dutch would not flow through to the errors, except that any estate which your father may have died seized of will be available to the creditors prior to the time there is any distribution to the heirs.
    Answer Applies to: Michigan
    Replied: 4/22/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Generally you will have no liability for the car loans only your parents estate and the assets in the estate will be liable. However be careful about stating you were using them, and paying for them, it could bring liability.
    Answer Applies to: Michigan
    Replied: 4/22/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    You might have some liability for any diminished value between the time your father died and the time the vehicles were returned, if the payments made during that period were not greater. Other than that, a child is not responsible for the debts of a parent.
    Answer Applies to: Illinois
    Replied: 4/22/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    As a general rule, you do not inherit the debt of your parents. If an estate with assets is opened, then it would be the obligation of the estate to pay his debts.
    Answer Applies to: Missouri
    Replied: 4/22/2014
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