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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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Hi. My grandpa died few months ago. I have been using his

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Hi. My grandpa died few months ago. I have been using his car since then and i have been paying for it consistently. We still owe $9,000. I tried to refinance it with banks however I got denied because of too much mileage 110,000 as of this time. The car insurance is also under his name but I am a registered driver in his policy. If in case the car be involved in an accident will it be a bigger problem because of the situation.Can the car insurance deny us of benefits? DMV problems? What can we do? What are our options? Grandma is still alive but no drivers license and shes 83 y/o. We live in California
Submitted: 8 years ago.
Category: Legal
Expert:  Brandon M. replied 8 years ago.

HiCustomer

 

Did your grandfather's estate go through probate? If not, will it go through probate?

Customer: replied 8 years ago.

No. No legal things were done except that we informed the bank and Social Security.

 

My grandma is still alive.

 

The only thing left is this car that I'm using right now. We still owe $9000 and want to put it under my name but the banks has denied me because of too much mileage.

Expert:  Brandon M. replied 8 years ago.

Hi again:

 

ok, basically, a person's estate does not have to go through probate in California if it is less than $100,000. If your grandpa's estate is going to go through probate, the car title will have to be transfered as a part of the probate process. Otherwise, DMV allows for title of the car to be transferred following these instructions: http://www.dmv.ca.gov/pubs/brochures/howto/htvr2.htm

 

In other words, title on the car needs to take place. Take care of this immediately. If the estate is not going through probate, do it following those instructions.

 

As for insurance coverage, car insurance follows the car, not the driver. When you get auto insurance, you tell them who will be the primary driver, how many miles it is driven in a year, where the car is parked overnight, whether it is used for business purposes, etc. All of these things go into the insurance rate, and as long as those things haven't changed, you would ordinarily be covered no matter what. If those things have changed, however, you need to get new insurance. This also connects and goes back to what I had written about getting title transferred---there are things that need to be done here.

 

As for refinancing the loan or transferring the loan on the vehicle, there's not a lot that can be done there---there's no law that says any bank has to loan you money (at least, not under these circumstances).

 

So, the good news is that title and insurance can be cured relatively easily. The bad news, I suppose, is that the banks do not have to give you a loan to cover the remaining balance on the car. Best of luck.

 

If this was informative, please click "accept" so I may receive credit for my personal time and knowledge. Thank you.

Customer: replied 8 years ago.

Thanks. Right now I don't have the money to pay fully for the car. Laughing

 

The insurance is still under his name and I can not transfer it to my policy.

 

If anything happens to the car will the insurance pay for it? Can grandma sign for our grandpa?

 

 

Expert:  Brandon M. replied 8 years ago.

Hi again:

 

you asked two questions. The first, I think I answered before; obviously, I can't go through your insurance policy line by line, but I'll cut and paste as I think it should tell you everything that you need:

 

When you get auto insurance, you tell them who will be the primary driver, how many miles it is driven in a year, where the car is parked overnight, whether it is used for business purposes, etc. All of these things go into the insurance rate, and as long as those things haven't changed, you would ordinarily be covered no matter what. If those things have changed, however, you need to get new insurance.

 

As for your grandmother signing for your grandfather, that is not ordinarily an option.

 

Please remember to click "accept" if I helped; otherwise, Just Answer does not share the deposit made. Thank you.

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