What options do I have if the finance company won't release the title of deceased husband's car? 3 Answers as of July 26, 2017

I paid the balance of my deceased husband's car loan off. When I asked for the title, they said the loan was in his name only and my name is not on the title. Of course, they cashed my check for the balance of the loan. They said that I would have to apply for a loan with them. That made no sense to me. I sent the death certificate and we were married for 32 years, have no children and he has no surviving family. What do I do? I keep the car insured. It's parked in the driveway. I have excellent credit but it's the principal. I am his legal heir. What's the issue?

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Law Office of T. Phillip Boggess | T. Phillip Boggess
You may be able to use a small estate affidavit. That should be the easiest and quickest way to have title transferred if his estate is small enough.
Answer Applies to: Illinois
Replied: 7/26/2017
Shimberg and Crohn, P.C. | Jonathan Shimberg
If in fact you paid off the loan they have to release the car title in your husband's name. You then have to take that title to the IL Secretary of State's office and fill out a Small Estate Affidavit, and they will retitle the car into your name.
Answer Applies to: Illinois
Replied: 7/26/2017
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
You can use a Small Estate Affidavit to claim the title on behalf of your husband's estate then change the title to your name using a small estate affidavit with the Office of the Secretary of State.
Answer Applies to: Illinois
Replied: 7/25/2017
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