Legal Question in Wills and Trusts in California

relinquishing car to credit union/date of death

I am the executor of a will and when

the person died, I reliquished the car

to the credit union through which

she had her car loan. They told me at

the time that I needed no legal

documentation releasing me from

liability at the time I gave them the

car. The auto insurance company is

telling me that is not true and that I

do need that to close her insurance

account. The credit union did send a

letter stating intent to see property,

but not the sale receipt.

Also, the date of death that is now on

her death certificate is incorrect by 2

days. How important is this to

correct?

Thanks a ton!


Asked on 5/18/09, 6:22 pm

1 Answer from Attorneys
Adam Kaufman Jensen Sondrall & Persellin, P.A.

Re: relinquishing car to credit union/date of death

The death certificate needs to be changed because that lists the official date of death and gives notice to the court and other parties. You can contact the funeral home to get that changed, but then you'll need to send the updated death certificate to the court as well.

With regards to the car loan - did they file a Claim against the estate? If so they should have given a release of claim that had to be filed with the court. If they did not then you should have got some Release statement from them that shows you are no longer liable for the debt.

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Answered on 5/19/09, 10:24 am


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