Legal Question in Wills and Trusts in Florida

My father passed away in January 2009 and before he died he helped me get a car due to his great credit he could get a great rate where I could not - Car was to be kept in his name until I could get a better rate (one I could afford) but he passed away before we could switch car to my name so car was only in his name. My dad passed away with a will and left everything to my mom with no reference to the car. During this time my hours were cut at work and then I lost my job so got behind on payments (two) and could not pay auto insurance on car anymore so they came and repossed the car in the middle of the night this past week - No warning from them that they were going to do this - Now they are saying they are sending the "estate" a bill for auto insurance - Will they be able to come after my Mom for this because she has had to handle enough since he passed away and doesn't need this on top of it - When someone passes away and no one elses name is on the loan who is responsible? Any help understanding these issues would be greatly appreciated


Asked on 9/08/09, 5:49 pm

1 Answer from Attorneys
Marc J. Soss Marc J. Soss, Esquire

The company will be a creditor of your father's estate (assuming one is opened). Unless your mother personally signed and is obligated on the debt she will have no legal responsibility.

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Answered on 9/09/09, 11:36 am


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