Taking Over Car Payments After Death

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Latest post 04-02-2010 6:05 PM by adjuster jack. 4 replies.
  • 04-02-2010 4:43 PM

    Taking Over Car Payments After Death

    Hello:

    My dad purchased a car and the bank is saying in order to continue making payments I need to show some sort of legal documentation.  My dad didn't have a will and his estate didn't go to probate because he doesn't have any assets.  What is an affordable way to get legal proof for the bank?  Any advice?  I'm in CA if that helps.  My mom (his spouse) and my younger brother are not contesting me continuing to make payments and take ownership.

  • 04-02-2010 4:53 PM In reply to

    Re: Taking Over Car Payments After Death

    Some questions need to be answered:

    1 - Who's got physical possession of the title? The bank? Mom? You?

    2 - In who's name(s) is the car titled? Dad only? Dad AND Mom? Dad OR Mom?

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-02-2010 5:46 PM In reply to

    Re: Taking Over Car Payments After Death

    1. The Bank has the title.

    2. It is titled just in my dad's name.

  • 04-02-2010 5:49 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,324

    Re: Taking Over Car Payments After Death

    Basically Mom would get the car under intestacy--and the Bankhas reason not to be in middle of any debate--does CA have a "simplified" probate  for small estates ?

    Sometimes states DMV have a title process for a deceased owner--see if CA has such--it might work if there is one.



  • 04-02-2010 6:05 PM In reply to

    Re: Taking Over Car Payments After Death

    Here's the DMV procedures, forms and instructions for transferring ownership from the deceased to the heir:

    http://www.dmv.ca.gov/...

    http://www.dmv.ca.gov/...

    While the DMV allows the transfer without probate, the bank is not obligated to accept the transfer that way.

    In other words, the bank is within its rights to require you to be court appointed as administrator of the estate before it will allow the transfer of the secured title into your name.

    I suggest you print out all the appropriate forms and pay a visit to the DMV and see if there are additional procedures when the bank holds the title.

    I also suggest that somebody continue to make the payments on the loan account anyway. Otherwise the loan goes into default and the car gets repo'd.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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