If my husband passed away and he had a car in his name only, what happens if I tell the finance company to come get the car?

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If my husband passed away and he had a car in his name only, what happens if I tell the finance company to come get the car?

Am I legally responsible for anything? I live in a community property state.

Asked on May 3, 2012 under Bankruptcy Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your husband passed away with a loan currently unpaid on the vehicle that you have written about solely in his name, his estate would be responsible for paying off the loan first under the laws of all states in this country.

If there are not enough assets in his estate to pay off this loan, then under the laws of most states in this country, you as his wife who presumably was married to him when the loan was taken out would be responsible for paying it off from your share of the community assets.


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