Brooklyn, NY asked in Estate Planning and Probate for Massachusetts

Q: My mother passes away recently. I need to know what to do about her car and credit card debt.

Her only property is an automobile which still still has a loan on it. What would happen to her car? Can I transfer the car and the loan to me? Will I have to sell the car to pay her credit cards off?

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: Sorry for your loss. If your mother was a Massachusetts resident, it sounds like you would be filing a Voluntary Statement with the Probate Court for the County of her residence. The vehicle would be listed as subject to a loan and depending upon the circumstances you may be able to acquire same for fair market value, but need to also deal with the auto loan which the lender may or may not agree to transfer to you . There is also a process for dealing with the hierarchy of payments of expenses which you need to consult before you make payments of debts. There is notification of the Estate Recovery Unit/ MassHealth Lien sum due which must be dealt with for example.

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