Soquel, CA asked in Family Law and Probate for California

Q: I have a car that is registered to my mother who has passed. There's still a loan on it but I want to get rid of it.

What to do

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, to handle a situation where you've inherited a vehicle with an outstanding loan, you need to consider a few steps. Firstly, contact the lender to inform them of the situation. It's important to understand the terms of the loan and whether the obligation passes to the estate or directly to you.

If the loan is not automatically assumed by you, the executor of the estate will need to manage this liability. This might involve paying off the loan from the estate or selling the vehicle to cover the debt.

If you are the executor and wish to keep the car, you might have the option to refinance the loan in your name. However, this will depend on your creditworthiness and the lender's policies.

In any case, it's essential to keep making payments on the loan to avoid repossession, until the matter is resolved. Lastly, for the transfer of title, you'll need to visit your local Department of Motor Vehicles (DMV) with the necessary documentation, which usually includes the death certificate, the vehicle title, and transfer forms.

It's advisable to consult with a legal professional to guide you through this process and ensure that all legal and financial obligations are properly addressed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.