QUESTION
Is it legal to drive a car registered only in my late husband's name?
Asked on Apr 02nd, 2017 on Estate Planning - Oregon
More details to this question:
My husband died recently and the car loan is only in his name. The car is fully insured under my name and I continue to make the car payments. I spoke with the finance company to alert them of my husband's death and they gave me the options of continuing as is with payments or get the loan in my name. Now I'm moving another state and I'm concerned about getting license tags changed and registration which doesn't have my name on it. Am I driving illegally?
1 ANSWER
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Your post concerns the registration and the loan; what matters is the title to the car. I assume that's only in your late husband's name since the loan is. As long as you're insured, you're safe to drive it. When you move to the new state, though, you probably won't be able to get a registration on the vehicle if you're not on the title. You will also run into trouble when you go to sell the car or trade it in. If there aren't any other assets that were just in his name, you could file a "small estate affidavit" in Oregon. You'll need his death certificate and the original of his will.
Answered on Jun 26th, 2017 at 6:25 PM