Lorain, OH asked in Estate Planning and Probate for Ohio

Q: I am the cosigner my son died the dealership took the car back and reimbursed me. Am I still responsible for the car?

I do not want to go to probate court, the dealership has possession of the car and cut me a check i used to pay funeral costs. it is no longer on my credit am I still responsible for the car?

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1 Lawyer Answer
Andrew Popp
Andrew Popp
Answered
  • Estate Planning Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: Probably not. It sounds like the vehicle was repossessed by the dealership. Until a vehicle is paid in full, the title does not pass to the purchaser. When a vehicle is repossessed they go back and resell the vehicle. What happens with the either refund (if the sale exceeds the balance on the loan), or the debt (if the sale is for less than what was owed) depends on the terms of the sale. Often times, those issues are resolved in probate. For a definitive answer you would need to sit down with a qualified attorney to review the situation in detail.

Best of luck.

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