Liability for debt of deceased husband on car loan where he was co-signor

by Amy
(Charlotte, NC, USA)

My husband died almost a year ago. We live/d in NC. My deceased husband is co-signer on a car loan for my grandson. I did not sign the loan papers. I have been remitting payments on the car loan to ensure payments were made, and my grandson has been paying me back. My grandson is now refusing to pay me back for my payments on the car loan.

As administrator of my husband's estate, I sent the bank a copy of my husband's death certificate, but I did not (i) specifically put the date by which the bank would have to file a claim against the estate in that notice or (ii) give them my name as personal administrator. I understand that the NC statute regarding notice to creditors requires the administrator to set forth the information listed above as items (i) and (ii) in the notice.

(1) If the car is repossessed and I do not pay off the remaining debt, is the bank entitled to report my failure to pay the car loan to credit reporting agencies such that it will negatively impact my personal credit rating?

(2) Can the bank sue me in my capacity as administrator for the money due on the loan, even though it did not file a claim during the required time period, given that my notice to them did not technically provide all the information required by the statute?

Comments for Liability for debt of deceased husband on car loan where he was co-signor

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Mar 08, 2012
Liability for debt of deceased husband on car loan where he was co-signor
by: Anonymous

Amy:

I recommend that you schedule an appointment with an estate planning attorney or probate law attorney in your area given all of the issues you raise. Purchasing an hour or so of an attorney's time will be money well spent and you should leave that meeting with a clear understanding of your legal obligations and any additional actions you may need to take, not to mention some peace of mind.

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