Will my father's estate pay the car loan we got together?

by Ashlee
(Michigan City, IN)

My father and I jointly purchased a car. The loan is primarily in his name. He died May 2010. The bills now come to the Estate of my father but I have been paying them for the last 15 months. I was wondering if because my father was primary if I could submit the car loan to his estate to be paid off and recover the monies I have paid for the last 15 months on this loan? I'm not a greedy person but my mother and brother have been stealing from the estate and not sharing it with myself and half sister like they should. It would be a nice way to stick it to them.

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Aug 30, 2011
He died in-estate
by: Anonymous

My father died in-eatate meaning he left no will. His estate as of right now has not been opened. My mother is trying to find a way to exclude a half sister from getting any of the estate. I am planning on opening the estate myself because I have found out that I can as his daughter and heir, but they usually appoint the spouse executor. I do not want this to happen because my mother and brother have already been stealing things that belong in the estate and I am in the middle of pressing charges and trying to stop the theft. That and I am also not a rich person by any means and there are a lot of fees involved slowing down my progress. I just wanted to know that if the bill comes to the estate if it could be submitted to the estate. I do not want to give anything to my mother that also has my name on it. I know we can get court superivised but again there are more costs with that also which again are slowing things down for me.

Aug 28, 2011
Will my father's estate pay the car loan we got together?
by: Debtcollectionanswers.com

Typically when someone dies, a legal process called probate begins. The process is supervised by the deceased's executor who the deceased designated in his will.

During probate, the creditors to whom the deceased owed money at the time of his death file claims with the probate court asking to be paid from the assets that the deceased left behind. The executor pays as many of those claims as possible, after confirming that the claims are valid.

If the value of the assets in the estate is not enough to pay all of the deceased's debts, then with some exceptions, the outstanding debts do not get paid. One of the exceptions would be the joint debt you owe with your deceased father. If his estate does not pay all or any of that debt, you are fully obligated to pay it because it is your debt too.

Once as many claims as possible have been paid, then any assets your father left behind will be transferred to the individuals your father named in his will.

Bottom line, there should be someone legally in charge of paying your father's debts and transferring his assets. It's not up to his surviving family members to do what they want with them.

Did your father leave a will behind? If he did, then he should have named an executor and that is the person who should be receiving the bills that are coming to the Estate of your father, paying creditor claims, and distributing assets. If your father did not leave a will behind, the probate court in your area should be notified so it can appoint someone to act as your deceased father's executor. If you have questions about what to do, how to handle your joint debt, etc. contact an estate planning attorney or a probate law attorney in your area.

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