Legal Question in Real Estate Law in California

Re: auto loans/death of borrower

If you mother had any property or assets at the time of her death, those assets must be used to pay her debts before any asset can be distributed to her heirs. If her heirs receive assets before satisfying her debts, those heirs will become liable for the debts to the extent they received her assets. If there is an auto loan, regardless of whose name is on the loan, if the payments are not made, the creditor has the right to repossess the vehicle, sell it at auction, and attempt to collect any deficiency from the borrower.

Ones debts do not get "discharged" because of death. If someone doesn't continue making the car payment, the car will be repossessed.

Re: auto loans/death of borrower

You are either going to have to keep making the payments through her estate, or let the car go.

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