QUESTION

my dad's car title was in his name only as well as his loan, if I have the bank reposess the car, can they come after my mother

Asked on Dec 22nd, 2019 on Wills and Probate - Arizona
More details to this question:
My dad passed away in November this year, 11/19/19 and his car loan, title was in his name only as well as his checking about and savings. did not own a home or anything. had very little money in his accounts. wondered if in Arizona, a community marriage state if the bank could come after the payments for the car if we let them reposess the auto?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Generally speaking, a person's debt it his own.  If your mother were to inherit the car, she would first have to pay your father's debts.  Contact the lender to determine whether they will accept the car and cancel the debt.  It may depend on whether the resale value equals or exceeds the debt -- and, if not, whether there is enough in his bank accounts to make up the difference.
Answered on Dec 23rd, 2019 at 7:52 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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