Q: Who has to pay the debt remaining on a vehicle in a probate matter?
If my mother left her car to a me in her will, should the balance remaining on the note be paid by the estate with any other debts or is it my responsibility? My mother died 18 months ago and the executor, appointed 6 months ago, has had the vehicle since her death. I was told 3 days ago that the vehicle is about to be repossessed and if I want the car I have to reimburse the executor close to $4700 for the payments she has made, as well as, pay the remaining balance due on the car. I have been given until tomorrow to do this or they are going to sell the car, take the $4700 off the top of the sell to reimburse the executor, and if any money is remaining I would receive that. I do not believe the car will sell for more than what is due plus the $4700. Do I owe the executor for payments she has made since the death or should the executor make a claim against the estate ? I have had no use or access to the car. Am I entitled to more time than the 3 days they are giving me?
A:
The responsibility for paying the remaining debt on a vehicle in a probate matter depends on the specific terms of the will, the laws of the state where the deceased lived, and the specific circumstances of the case.
In general, if the deceased left a will that specifically bequeathed the vehicle to you, and there are sufficient assets in the estate to pay off the remaining debt, then it is likely the responsibility of the estate to pay off the debt before distributing the vehicle to you. However, if the value of the vehicle is less than the amount owed on the loan, the estate may not be able to fully pay off the debt, and probate might not make sense.
It's important to note that the executor of the estate has a fiduciary duty to act in the best interests of the estate and its beneficiaries. If the executor has been making payments on the vehicle since the deceased's death, they may be entitled to be reimbursed for those payments from the estate before distributing the vehicle to you.
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