Legal Question in Wills and Trusts in California
Legal responsibilities of a surviving spouse
When a spouse purchases a car in their name only and they die, is the surviving spouse responsible for the remaining payments on the car? There is no will.
2 Answers from Attorneys
Re: Legal responsibilities of a surviving spouse
No, but the surviving spouse's community property is. Obviously, if the payments are not made, then the car will be repossessed. The finance company may file a lawsuit against the decedent and get a judgment. However, if no probate is filed, the judgment is next to wothless. If a probate is filed, then the finance company can take away your assets because they are community property.
Re: Legal responsibilities of a surviving spouse
A spouse is responsible for debt incurred for the common necessaries of life. It could be argued both ways, but car payments are usually a lien against the car and repossession and resale of the car should take care of the problem.
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