QUESTION

Husband bought truck.got a loan against it in my name.we separated.he passed.someone else claims they are entitled to his truck.

Asked on Apr 15th, 2017 on Estate Litigation - Georgia
More details to this question:
My husband's ex-wife claims that my husband wanted her son to have his truck. She says she has a recording. However, as l told her, the loan against it is in my name. Does she have a case?
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1 ANSWER

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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First of all, he did not get a loan for the truck in your name unless he committed fraud.  You should report that to the police. You did not say whose name the truck is titled in? Regardless of who used the truck, the owner is whoever has his name on the title. If you took out a loan to assist him in buying a truck, then you are responsible for the loan payments. If you don’t make the payments, the truck will be repossessed.  Of course, your credit is ruined, but that is your choice.  If you were still married at the time of your husband’s death, you have a right to probate his estate as well as filing for year’s support. If the truck is in your husband’s name, it is in the estate.  If the deal with your husband was that you would take out the loan and he would make the payments, and you can prove that he was making the payments, you may have a claim against the estate for the remaining balance of the loan. You, along with your husband’s children, will share the estate equally. You also have the right to sell all property to satisfy all estate debts. 
Answered on May 09th, 2017 at 5:22 AM

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