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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 38275
Experience:  Texas lawyer for 30 years in Estate law
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My husband died in California, gifted his vehicle to his

Customer Question

My husband died in California, gifted his vehicle to his adult daughter. What is the California Code Section which states that she has to assume the loan payments on the vehicle? I have looked and cannot find it. I am the executor of the will (not enough
to probate because it does not meet the $150,000 test. All other assets were passed to me by beneficiary or joint tenancy. What is the California Probate Code Section that states that the gifted vehicle financed balance is her responsibility and she must make
arrangement to pay for the vehicle.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
The lender here has a lien on the title.She has to contact them and assume the note or they will repossess the vehicle.They would force her to add her name to the note otherwise they take the car back.
Then really isn't a probate issue but rather a contract and a lien on the title.She takes title here with lien attached if she doesn't contact and assume the note , they declare it in default and take it back.
Here is the law that creates a security lien on the title and requires her to assume it and pay it off otherwise they have right to repossess it.
http://www.nolo.com/legal-encyclopedia/how-attach-perfect-security-interest-under-the-ucc.html
Reference to repossession in California.
http://www.consumerhelpcentral.com/california-repossession-options-process/
If she has gotten title transferred the lien goes with it and if she doesn't pay the lender repossesses it pretty quickly.The line requires her to assume the loan and make scheduled payments.They release the lien when she makes all the payments and she then gets a clear title.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.