If my mom passed 1year ago and 16 days prior to her passing she bought a new car, how do I as her administrator handle this issue. Ive been ...

Question

If my mom passed 1year ago and 16 days prior to her passing she bought a new car, how do I as her administrator handle this issue. Ive been paying the payment for the past year as well a her insurance. just dont know what to do as far as title requirements. Do I have to finance the car in my name?

Answer

Why are you doing this??

What was the car worth at the time of your mother's death and how much was owed on it? If the car was not worth what was owed, you could have called up the lender for your mother and told them to come and get the car. Whether there would be any deficiency owed is a different issue and would depend on your mother's other assets and debts. However, the lender would have to file a claim and would be given lowest priority.

Assuming there are enough assets in the estate to cover all other bills, then the beneficiary of the car takes the car subject to any outstanding liens and I assume that as you are the administrator, then there is no will and no directive that the liens are to be satisfied out of other estate assets. That means if the beneficiary wants the car he/she has to pay for it. Otherwise, the personal representative could sell the car, pay off the lien and put any profits back into the estate.

You do not have the car put in your name unless you are the only the only heir/beneficiary. Technically, you will have to buy the car from the estate and get a new car loan in your name to pay off the old loan unless the car lender is willing to put you on the existing loan. You will also have to provide any lender with documentation to prove that you are entitled to have the car in your name. You will then have to transfer the car as administrator of the estate to yourself but since the lienholders have the title you will have to coordinate this with the existing lienholder and any new lenders.

Any insurance should have been cancelled. She is no longer alive. The insurance should be in the name of the person who owns the car.

You have really messed this up. I hope you are the only heir. I suggest that you talk this over with a local probate attorney who practices in the county where the estate is or will be pending if none was ever probated and see what needs to be done to get assets properly transferred over to the heirs.