Legal Question in Wills and Trusts in California

I am the executor of my father's estate. There is 2013 Corvette that is part of the probate. There was a mix-up with the California DMV, and the finance company/lienholder name was not placed on the title. There is an approximate $44,500 balance due, and the finance company did not file a claim against the probate when it was open (it is now closed). Do I still need to pay off this loan?


Asked on 4/10/14, 3:14 pm

1 Answer from Attorneys
William Christian Rodi Pollock

It sounds like you were aware of the debt. Did you notify the lender of the death and the probate so that they had an oppportunity to file a claim? The response to your question requires more information as to the specifics of what was done in the administration. You certtainly can't hide the fact of death, fail to notify the creditor, and expect the lein to be eliminated. The result may be different if you did, in fact , properly advise them of the death and their lein rights. How long ago did all this happen? Is there an order on final distribution on the probate proceeding already? This was a probate, and not a trust administration? Have they repossessed the car yet? Have you continued to make payments? How long ago was the date of death? All these issues impact your position.

You really need to discuss the matters with counsel for te estate.

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Answered on 4/10/14, 3:38 pm


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