Q: Hi there, my dad recently passed away and he has no estate but has debt. If i inherit his car, can they come after it?
No other assets, but a bunch of personal loan debt. The car was owned free and clear and all the creditors have been notified of his death. I plan on doing an affidavit or inheritance soon, but I dont wNt to get sued by the creditors for the vehicle. Can they come after it to force me to liquidate it?
A: Hi, Spokane heir. If your father did not have a Will, you may inherit the car, but under Washington law, all of the debts of your father's estate and all of the assets (owned and controlled by him) are available to pay creditors. All of the creditors must have a chance to get paid from the estate assets. After legitimate debts are paid, accounting and legal expenses, then what is left over can go go heirs (spouse, kids, parents, etc.) If there is not enough money in the estate to pay creditors, then assets must be sold to pay creditors. Creditors can come after the car if they are not paid from other sources. You have to give a 4-month notice to creditors, whether probating or not. For a small estate (no real estate, no land, under $100k) you may get the auto transferred to you, but bills have to be paid first, or creditors have a right to come after any asset owned by your father. You should find an experienced probate attorney to help with this tricky area. You could be in the clear with a little help and advice.
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