Livonia, MI asked in Collections, Contracts and Probate for Michigan

Q: If a car has a clean title with no lean against do I have to pay the payments after my husband died?

When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now they are calling and asking me to fill out a form to put a lean on the car. My husband has since passed away can they take my car if I can’t pay?

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1 Lawyer Answer
Thomas. R. Morris
Thomas. R. Morris
  • Collections Lawyer
  • Dexter, MI
  • Licensed in Michigan

A: If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.

I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your deceased husband, it is property of his estate, and if there are creditors of the estate, including the vehicle lender, those creditors should not be totally ignored. That being said, it may be possible to transfer title to the car without a probate case. I would want more information before advising you.

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