If my deceased husband had an auto loan that has 2 years left on note. if I am not on the loan what are my options concerning this vehicle?

I would like to keep the vehicle since the balance is so low. The finance company wants the car back. I have been paying the note for the last 4 months. I have been married to this man for 60 years and he came home with this surprise without adding my name to the car or loan since I haven’t driven in 25 years. What can I do to keep the car in my name?

Asked on October 20, 2011 under Estate Planning, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The car that you write about is an asset of your deceased husband's estate. If you or the estate wants to keep the vehicle, then you or the estate should keep making payments on the vehicle (keep the loan current or pay it off altogether) and use the vehicle.

As long as you are making the payments on this vehicle which essentially is a marital asset that you own even though you are not on the loan or registered title to it, you are entitled to keep it in your possession.

I would not return it to the finance company. If you have an attorney assisting in the estate of your deceased husband, you need to consult with him or her about the question you are writing about.

Good luck.

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