What to do if my mother co-signed an auto loan for me but she passed away before the loan was paid off?

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What to do if my mother co-signed an auto loan for me but she passed away before the loan was paid off?

There was an excess amount after the insurance paid off the car that was made out to my mother’s estate in the form of a check. There was no succession due to my mother not having any real items of value. Why would the check be made out to mom’s estate when I was the one who had the loan while my mom only co-signed it and my siblings had nothing to do with my auto loan? Also, how do I go about doing anything with this check since mom nor her estate has a bank account?

Asked on December 10, 2012 under Insurance Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would contact the insurance representative as to why the check for your car was made out to your deceased mother if she was solely the co-signor on your loan. My explanation is that somehow your mother was the designated insured for your vehicle or was the registered owner which entitled the check to be made out to her.

I suggest that after you get the above information suggested you ask that the check be issued to you if you are the insured under the car and return the check sent your mother's estate.


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