View Full Version : Legal help...car and death question
DJW32
10-05-2008, 07:42 PM
My mother lost her husband(death)... There is 20K outstanding on a 2007 ford edge. She needs to get rid of the suv, but is she responsible for the remaining balance?
The registration states his name(john smith) or her name(pocahontas), FYI.
What can she do?
David
dropit69
10-05-2008, 08:04 PM
if she doesnt get 20k for it she is..whats it worth?
mpozzi
10-05-2008, 08:05 PM
The loan documents should give you the answer. If both of their names are on the loan application, then your mother would be liable for the remaining balance. As the title is listed "or," she can relinquish ownership by herself as only one person's signature is needed.
As the surviving spouse, she should consult the attorney that is handling the estate (assuming he didn't die intestate) and get a firm answer.
Sorry to hear about her loss and best wishes,
Mary Pozzi
David Pozzi
10-05-2008, 08:09 PM
She is responsible for his debts, ALL of them, credit cards, charge accounts, etc. Not half of them but the whole thing. If he has an estate, claims are usually made against the estate. If they were not married, or were legally separated it would be different.
DJW32
10-06-2008, 01:49 PM
They were married.
DJW32
10-06-2008, 01:50 PM
if she doesnt get 20k for it she is..whats it worth?
15K
It's a ford edge. 2007, 23000 miles, auto...
surlyjoe
10-06-2008, 02:04 PM
Was there any insurance on the loan? Might be a canadian thing but all of my loans are insured including credit line. If go so do the debts.
gearheads78
10-06-2008, 02:14 PM
If she is on the note she is directly liable. If she is not then his estate is liable so basicly either way she is going to pay.
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