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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.