What to do if I was in a auto accident in a car owned by my recently deceased mother?

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What to do if I was in a auto accident in a car owned by my recently deceased mother?

Both parties in the accident agreed to handle their own repairs based on the circumstances of the wreck. My mother’s car was financed and her insurance had recently expired. I cannot afford the repairs to the car. Since my mother is deceased, who is liable for the balance of the note on her car?

Asked on October 23, 2013 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the car has been inherited by any person (including you), if that person wants to take the care, that person would have to pay off the note (or otherwise come to an arrangement with the financing company). The person inheriting the car could refuse to accept the inheritance, however, in which case your mother's estate is responsible--the note would be paid from her bank accounts or other funds/assets left after she died, before the remaining assets are distributed to any heirs.


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