My wife bought a automobile 4 months ago and paid way too much for the automobile, she was taken advantage of because she's disabled. My wife passed away last week and I wasn't aware she was ripped off until I started going through her things to find her car payment book and found the loan papers. The car is in her name. Am I required to pay this loan off or can I just let the bank repo. it?
Answer
If you didn't cosign you're not liable on the loan. However, if she had other assets besides the car that you need to probate, that loan may be in the probate picture. If she had no other assets you can simply let the bank get the car. But if she had any assets, see a lawyer and then plan a course of action.
Answer
I agree with Attorney Ashman. You are going to have to determine if your wife had any probate assets and their amount. All debts of an estate must be paid if there are assets in the estate. If there are no probate assets, then you can simply write a letter to the creditor advising that your wife had an account/loan, that she died, that you are not liable and to come and get the car or arrange for a voluntary surrender. But you can only do this if you were not a co-borrower or co-signer on the car loan. If there are probate assets, then you have to see what claims of a higher priority need paid. Other claims can be compromised or even rejected by a personal representative. So you need to sit down with a probate attorney who practices in the county/state where your wife lived prior to her death to review if she had a will and what she owned, its value and how it was titled to know if an estate needs probated.
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