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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7404
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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my ex husban just died. in the divorce he was awarded all right

Customer Question

my ex husban just died. in the divorce he was awarded all right title and interest in his 2006 car and was suppose refinance at some point to remove my name from the loan. so needless to say he had not refinanced yet, so my son who is the executor of his estate says i have no right or clain to the car as it belongs to the estate but i do have to keep making the payments on it AsI was origninally the cosigner and there is still 9,000 owed to gmac on it. is this true? since the car belongs to his estate shouldn't his estate have to now make the payments?
Submitted: 7 years ago.
Category: Legal
Expert:  Irwin Law replied 7 years ago.

HelloCustomer His estate may own the car, but both his estate and you are liable on the loan. Therefore, If the loan isn't paid by one of you, GMAC will repo the car, sell it and sue both you and the estate for the deficiency. They may or may not sue the estate though, depending on how quickly they find out about it. You can file a contingent claim in his estate for contribution to the deficiency payment, if any. Logically, whoever is going to keep the car should agree to make the payments, or better yet, to refinance it and pay off GMAC. Don't let them stick you with the payments while someone else keeps the car.


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Edited by IrwinLaw on 11/1/2009 at 12:07 PM EST