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    flutterby4's Avatar
    flutterby4 Posts: 3, Reputation: 1
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    #1

    Feb 15, 2010, 06:32 PM
    If I inherate a car that is not paid for does the estate pay it off
    My brother left me a car in his will. It still has a loan on it will the estate pay that off
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 15, 2010, 06:34 PM

    Depends on the terms of the will, normally yes they would pay it off before they give it to you.

    It will have to be paid off before they can change the title over to you
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Feb 15, 2010, 06:45 PM

    Sorry for your loss but your brother can only will what he owns, which is part of a car. Unless the will species that all debts will be paid by the estate you would be obligated to pay off the debt or allow the loan company to repossess and liquidate. When did he pass and who is the executor of the estate?
    flutterby4's Avatar
    flutterby4 Posts: 3, Reputation: 1
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    #4

    Feb 15, 2010, 11:09 PM
    Quote Originally Posted by ballengerb1 View Post
    Sorry for your loss but your brother can only will what he owns, which is part of a car. Unless the will species that all debts will be paid by the estate you would be obligated to pay off the debt or allow the loan company to repossess and liquidate. When did he pass and who is the executor of the estate?
    He passed in Nov 2009 his daughter is his executor he had 4 cars in total and this is the only one not paid for. He was very responsible about his bills we have not had the opportunity to view the will yet legally I believe that they have 90 days to get everyone that is in the will a copy (which is today) I can not believe that my brother would give something that had debt afixed to it
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #5

    Feb 16, 2010, 12:29 PM

    Assets with debt attached happen all of the time, especially with property and homes. Maybe he thought the car would be paid for by the time this would be an issue. Ask his daughter for the will and read all provisions. Unless the will speaks directly to the car or how unpaid debts would be treated you may need to cover the unpaid balance.
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