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If I leave my unpaid automobile to some one, can the beneficiary…

If I leave my unpaid...
If I leave my unpaid automobile to some one, can the beneficiary continue to make payments and owe the car outright. Or would they need to pay the loan off?

If the beneficiary responsible to my outstanding bills? The estate is worth $180,000 with the sale of the house.

Plan to leave my house to a sister but to insure that she gets co-operation, can I stated something like "12 1/2 goes to another sister and 12 1/2 goes to one of my brothers. On the contingency that they assist the executor with making payments and/or any need repairs in preparation of selling the house. And that they would be reimbursed any monies spent by them in keeping the ortgage current or a making any repairs necessary to sell the house, which would be above the stated 12 1/2 percent."

So I need to specifically state that I leave nothing to another living brother?
Our parents are dead.

Would suggest Legal Zoom of going to a lawyer. Approximately how much should I plan to pay a lawyer?
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Answered in 21 minutes by:
6/27/2010
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,862
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
If you leave the car to someone and it is unpaid then in order for them to get ownership they would have to either pay off the loan or obtain refinancing in their own name to keep the vehicle. The beneficiary is not liable to pay off your bills, your estate must pay off all bills before any of the beneficiaries can take anything from the estate. Yes, you can leave the percentages as you want and you can make it on a contingency that the perform certain tasks. You may want to consider a trust here to accomplish what you want and have someone in control and to best protect your beneficiaries and the trust (an irrevocable trust) would also protect your house from creditors of yourself or any of the beneficiaries as well from trying to take the property.

You would do best using an attorney to set this up for you to set into place the proper restrictions you want and controls and to also ensure that this holds up to any possible challenges.


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Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,862
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
Law Educator, Esq. and 87 other Estate Law Specialists are ready to help you
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The house can be set into the trust along with your other assets, this protects them in the event you need long term medical care as well. You can set up a simple trust usually for about $1000-$1800, but the protection it gives to your assets is really more valuable than that. The trust pays money to your beneficiaries in any manner you want it to pay, it gives you complete control over how your money is given out at your death. You can even include a clause in there that states that anyone who challenges your trust cannot be a beneficiary of the trust, which eliminates a lot of the fighting that goes on over inheritance.
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