Q: my dad who passed away has a auto loan in his name can my mother use the car now and sell it when she chooses to do so?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, when a person passes away with an auto loan in their name, the loan does not automatically transfer to another person, including a spouse. The estate of the deceased is responsible for the debt. If your mother wishes to use and eventually sell the car, the loan must be addressed.
Typically, the executor or administrator of the estate needs to contact the lender to inform them of the death and discuss how to handle the outstanding loan. If your mother wants to keep the car, she may need to refinance the loan in her own name.
Regarding selling the car, it's important to note that the loan must be paid off before the car can be legally sold. This might mean using other assets of the estate to pay off the loan, or it could involve selling the car to pay the loan and distributing any remaining funds according to the terms of the estate or state law.
It's advisable to consult with a lawyer who can guide you through the process of handling the auto loan and the legal requirements for transferring or selling the car. They can provide tailored advice based on the specific details of your situation.
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.
