QUESTION
Is the car is mine and am I responsible for the remainder of the loan balance after my boyfriend passed?
Asked on Apr 06th, 2014 on Estate Planning - Louisiana
More details to this question:
My boyfriend bought a car and put his name and mine on the title. He died last week. His family is saying it should go to probate. Any help would be appreciated.
15 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The car is yours and you will be responsible for the remaining debt if you want to keep it; you don't need a probate as car was in your joint names.
Answered on Apr 09th, 2014 at 12:10 PM
Edwin K. Niles
If both names are on the title, it should go to you.
Answered on Apr 09th, 2014 at 7:02 AM
Unless it is an extremely expensive car then probate is not necessary. The ultimate disposition of the car depends upon how the title is held. You need to consult a probate attorney to review all of the documents and advise you.
Answered on Apr 08th, 2014 at 8:14 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Depending on how the vehicle was titled, it may be yours. You may not be responsible for the loan balance, but if you fail to pay, the vehicle can be repossessed and you will lose it. If the car is an estate asset, the estate would be responsible for the debt. If you want to keep the vehicle, you are going to need to pay the debt, even though you are not strictly liable for it.
Answered on Apr 08th, 2014 at 12:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It depends on your state's law. It may be that you own half the car and the estate owns the other half. You need to take the title to a local attorney to help you figure it out.
Answered on Apr 08th, 2014 at 12:11 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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On the title, near the top, there will be a box that says "survivorship." If this box is marked "y/y" then the car was owned jointly, with right of survivorship, and upon your boyfriend's death the car is now yours. You will have to pay the loan. If it's not in survivorship, then his family inherits, and they will have to pay the loan.
Answered on Apr 08th, 2014 at 12:10 PM
3 Awards
Is the title an "or" or is it an and. If "or" no probate, if "and" probate of his ?. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship.
Answered on Apr 08th, 2014 at 11:16 AM
Bankruptcy Attorney serving Seattle, WA
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Carrington Law Offices, P.C.
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If your boyfriend had a will, the will would control who gets what. If he did not have a will, then the family is correct. His estate needs to be probated. In the probate case, you can make an argument that he intended the car to go to you since he put your name on title. The bottom line is however, that you will not be able to get the car right away simply because your name is on the title.
Answered on Apr 08th, 2014 at 11:15 AM
Thomas Edward Gates
Since both names were on the title, the surviving party is the owner.
Answered on Apr 08th, 2014 at 11:14 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If the loan is in his name only, the lender will want to repo the car to get their money. If the car is worth more than the balance of the loan, 1/2 would be yours and 1/2 would be his estates.
Answered on Apr 08th, 2014 at 11:14 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally it is yours, but it is probably security for the loan and therefore subject to repossession of the loan is not paid.
Answered on Apr 08th, 2014 at 10:00 AM
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HOW the title reads will determine who gets the car. If it is joint title, you will get it. If not, 1/2 of it will likely belong to his estate. That said, many cars are liabilities, not assets. Go to the DMV and show them the title. They will be able to tell you if they can transfer it in your name alone. Be careful though, you don't want to start a legal battle with his family.
Answered on Apr 08th, 2014 at 10:00 AM
Check your state's statutes about whether you are considered married or otherwise legally attached to your late boyfriend. A few states still allow common law marriages. If you are considered legally joined together, you would probably inherit the vehicle and would be responsible for making payments. If you were not legally joined, you would own a partial interest in the vehicle (your name is on the deed) and probably be responsible for some of the remaining payments if your name is also on the loan. Your late boyfriend's estate would own the other half of the vehicle and that part would be included in the probate process as well as some or all of the loan payments .
Answered on Apr 08th, 2014 at 9:59 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The loan will follow the car even if you are not the borrower under the loan. As the surviving joint owner of the car you are the new owner but you will have to pay the loan or the loan company will take the car. You could disclaim it and it would then become part of the probate estate. ls click here.
Answered on Apr 08th, 2014 at 9:17 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Unless he left you his ownership interest in the car in a will, one-half of the car is part of his estate.
Answered on Apr 08th, 2014 at 9:16 AM