Legal Question in Elder Law in California
My stepfather (78 years of age) bought a motorcycle for $5,000 in March 2009, he died in June of 2009. The loan and pink slip is in his name. My mother who lives in a trailer (paid by her) and collects $1,000 a month from social security... the bank is calling her to pay up the loan. What should she do?
1 Answer from Attorneys
His estate can be sued by that lender, and affect her community property with a judgment. If not on title, she can let it be repo\'ed. She could try to negotiate with the lender to repo without adverse credit reporting on her credit. She can take action to \'probate\' his estate and get on title so she can try to \'legally\' sell it, but the likelihood of getting enough to pay the loan is a question. There are \'small estate procedures that she can follow. Go on the court\'s web site to locate the forms and \'self help\' instructions. Or, she can hire someone to do it for her.
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