What to do if my mother passed away without a Will and the only asset she had was a car which is not paid for?

What are my options for the car? I was the POA for my mother.

Asked on November 9, 2012 under Estate Planning, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are the power of attorney for your mom and your mom did not have an insurance plan to pay off the car in case of death, you can do a few things.  If you are the one handling her affairs, you can contact the lender, present the death certificate and ask that you can pay off the car and have title released to her estate (you keep the car). Once title is released, you need to re-register the car in your name.  Or if you don't wish to keep the car, you can explain to the lender that there is nothing in the estate and the lender should agree to a voluntary repossession without seeking a deficiency judgment for any money still owed after sale of the car at auction.


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