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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33533
Experience:  30 years experience in the practice of estate law.
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I had a loan in a credit union, co-signed by my ex-husband,

Customer Question

I had a loan in a credit union, co-signed by my ex-husband, who passed away in early February. I paid the down payment and all of the payments up to Feb. It was for a 2009 Honda Civic. I asked the Credit Union for a deferment and gave them $50. Then, without telling me, they took the balance of $13700 from his savings account to pay it off. Now, his oldest son is trying to take my car. It is titled in both my ex-husbands name, and mine. It was meant to be my car since I live in the country. I have no money in the bank and live on Social Security. I have been served with papers to go into court to show cause on July 28. I understand this has to be state litigation, but I would have to pay a lawyer on time by the month. Can you give me any advice?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to answer your question and provide you excellent service.
My condolences for your loss.
What is the basis of the stepson's claim on the car? Has he filed suit?
Thank you.
Customer: replied 2 years ago.
His eldest son somehow got the executorship, it was supposed to be given to his brother (who is kinder)
I can't afford more money now for a phone call what do you advise from what you know?
Customer: replied 2 years ago.
LOREN, do you have any answer for me?
Expert:  Loren replied 2 years ago.
If the title is joint then the car is yours as the surviving joint owner.
You should be able to take the title down to the DMV with a copy of the death certificate and get the title transferred to your name.
The son has no claim.
Best regards.
Expert:  Loren replied 2 years ago.
Did you have further questions? Have I answered your question?