Will I be responsible for my father’s auto loan if he dies?

He is 82, has no savings, owes a lot on his home and just bought a $55,000 car. He has no Will but I am trying to get him to make one. My mother is deceased.

Asked on September 18, 2012 under Bankruptcy Law, Illinois


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

With or without a will, your father's estate will be responsible for the auto loan if he dies.  Whoever is appointed as the administrator of the estate will have to arrange for the return of the vehicle or the sale of the vehicle to satisfy the note.  If a sale does not satisfy the note, then any assets that don't go to paying off the house, will go to paying off the car.  Heirs are not required to pay a deceased debt, but the effect is that they won't inherit anything if the estate is consumed by outstanding debt.

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