QUESTION

Am I okay until I have to re-register and re-insure or should I not play around with this?

Asked on Nov 11th, 2016 on Estate Planning - Utah
More details to this question:
My mom moved in with my husband and I because she couldn’t take care of herself anymore. She has a car that we got insured and registered in her name when she moved here. The title is at the loan company. She still has a loan on this car. She only made a few payments on this car before she passed in 9/2016. But now I don’t know what my rights are as far as transferring everything over. I’m afraid the loan company will say no, that I can’t just make payments, that I need to refinance it in my name and my credit isn’t all that great right now. We stupidly gave up our car when she moved here not to have 3 vehicles. I wasn’t thinking what if she passes. I don’t want to take over this car and then be taking on all her debts too. She had a lot of debt. I couldn’t afford her debts along with our own. My husband and I are on the insurance because of her being sick they put us on knowing we would be driving her places. My mom was divorced. It’s just my sister and I. I am the oldest but I am also sure my sister would say fine take it on. I don’t know how to go about this. It’s not like I am being given a car. I am making $200.00 payments a month and we will be taking on an $11,000 debt for the car.
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1 ANSWER

Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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Your mother's estate is responsible for her debts, not you. This means that you need to use her estate to pay off er debts, but if there is not enough to pay all of them off, you just need to negotiate with her creditors and pay what you can. What can't be paid for out of her estate does not get paid. If you keep the car, you can just keep making the payments until your credit is better, and I doubt the lender will say anything. If you do not change the title of the car to your name, and get pulled over, you can be charged with improper registration, so I would change the title as soon as possible.
Answered on Dec 16th, 2016 at 5:49 PM

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