If my fiance signed on a loan for my car and she passed away, how doI get the title once it’s paid off?

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If my fiance signed on a loan for my car and she passed away, how doI get the title once it’s paid off?

There is a Will stating that I get the car.

Asked on October 4, 2011 under Estate Planning, Florida

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  So if there is a Last Will and Testament in place then there is an executor named in the Will, correct?  The Executor is a fiduciary for the estate and its personal representative.  They have the power under the law to act on behalf of the decedent by following the wishes of the decedent listed in the Will.  So if she is also on the title to the car then the executor can sign over the title. But here is the issue: she co-signed the loan, correct?  There may be an issue now once creditors are given notice of the death and the right to make a claim on the estate.  How close are you to paying off the car?  Please have someone read the loan agreement here and discuss the issue with you.  The agreement may indeed speak to the matter.  Good luck.    


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