Q: My mother has passed away and there is a wheelchair van with a loan in her name only.
The loan is only in her name. My name is listed jointly with her on the title/registration. We had a verbal agreement upon her getting this loan that it would used to transport her to and from her doctors appointments and be shared with my handicapped son as well. In return, I would make all of the payments on the loan as well as the extended warranty payments on her behalf. Now that she has passed away what happens with this loan since it was fully in her name only?
A: If you own title jointly, her one-half interest in the van passes to her heirs through either a will or intestacy. Her obligation to pay the loan passes to her heirs as she is obligated on the loan. If her personal representative can prove an agreement between you and your mother that obligates you to pay the loan, then the personal representative can try to enforce that as part of the probate process.
A: On the other hand, if no probate petition is filed and no personal representative is appointed (because, for example, she had no other property), you are probably not liable. It would be unlikely that the lender would be able to prove such an agreement between you and your mother.
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