My father passed away he has a csr loan for 19,000 I was wondering if I decide to let the bank take it and not pay it off . Will they go after his estate account? My father had no will or anything like that. Currently I am in the process of getting

Administration of his estate.

Asked on August 20, 2016 under Estate Planning, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on the value of the car--or rather, what it could reasonably be expected to bring at auction. The process is that if you surrender the car, the lender sells it at auction. It first pays the costs of sale (typically several hundred dollars), then applies the balance vs. the remaining loan principal. Say that the car could reasonably bring in $12k at auction after expenses--for $7k unpaid, there's a reasonably likely chance they'll go after the estate. If it brings in, after expenses, $16k or $17k, they likely won't--it's not worthit for $2k or so. And in theory, if it brings in more than the remaining principal balance (e.g. if your father was aggressive about paying down his loan), then the difference should be remitted to the estate.
On a personal note, I recently (July) lost my own father, so I know what you are going through. Let me express our condolences and sympathy to you and your family. 

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