Q: My father passed. I am his health and living will poa. No estate. I want to keep his van that he owed 7000 on. How?
My father had no estate. He owned nothing. He owes 7000 on his van. I can't let it go. It's all I have of his. How do I get to keep his van? What can I do?
A: Did he have debts? Did he have a wife or other children? Did he have a Will? Your question is more complex than anyone can answer without all facts. Someone needs to apply to become executor or administrator. If you want to know for sure, you need to consult with an expert probate lawyer.
A: There are only a few ways in which title to assets can pass from a deceased person to another. If he owned the van in his own name (No joint ownership) and did not name a transfer on death beneficiary, then you are likely going to have to go through the probate process to get title to the van. If he had outstanding debts, those will likely need to be satisfied before any assets he owned (like the van) can pass to another. Keep in mind that creditors have 6 months from the date of death to present any claims against the estate or they are forever barred from recovering. See Ohio revised Code 2117.06(B).
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