QUESTION
When a person dies with a vehicle loan, has no will and owns 2 vehicles, who is responsible for the debt?
Asked on Mar 22nd, 2017 on Estate Planning - Ohio
More details to this question:
I have 2 vehicles paid for but her motorcycle was repossessed which she owed $22,000. It was auctioned. I don't know what the remaining balance is. I can’t do anything with the 2 parked at my residence because they are in my deceased girlfriend name. She didn't have a will. Her child hasn't filled anything. If the balance will say for example left owed was $10,000 and I was to file for estate executor do I then owe that. She has no other assets nor debts. The biggest reason I’m asking is because 1 of those vehicle is mine she bought it for me just never put in my name and her family would contest this. Is it even worth it as I don’t have the money to pay that?
1 ANSWER
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Only your girlfriend's estate is held responsible for the debt. There is a lien is attached to the vehicle until it is paid off. If you open a probate estate, you must have consent of her child to be appointed since he/she has first priority to be appointed administrator. Since the cars are only in her name, you have no claim on it since you were not married, unless her child gives it to you. However, if you made the payments on the car or have evidence it was a gift to you, you may have a claim. I would recommend that you get a consultation with a probate attorney to fully understand your rights in this matter.
Answered on Jun 15th, 2017 at 5:50 PM