Who pays the bills on a car that is in probate and title is in dead person’s name?

Asked on October 5, 2011 under Estate Planning, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  Generally speaking, the estate of the decedent is responsible for all debts of the estate, which would include loans for cars, homes (i.e, mortgages), credit cards, etc.  So the estate should be paying the loan with estate funds from the estate assets.  The executor is the one who generally pays the bills through an estate account.  Now, the lender has a right to call in the loan in most cases when a person passes away.  You should read the loan agreement signed by the decedent (if you do not have a copy ask the lender for one).  I would speak with the executor as to what is going on with the asset.  Good luck to you.

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