Who pays the bills on a car that is in probate and title is in dead person’s name?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who pays the bills on a car that is in probate and title is in dead person’s name?

Asked on October 5, 2011 under Estate Planning, Illinois

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Generally speaking, the estate of the decedent is responsible for all debts of the estate, which would include loans for cars, homes (i.e, mortgages), credit cards, etc.  So the estate should be paying the loan with estate funds from the estate assets.  The executor is the one who generally pays the bills through an estate account.  Now, the lender has a right to call in the loan in most cases when a person passes away.  You should read the loan agreement signed by the decedent (if you do not have a copy ask the lender for one).  I would speak with the executor as to what is going on with the asset.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption