Legal Question in Wills and Trusts in Florida

If my Father passes away while still owing on his car, as the executor, what should I expect ?


Asked on 2/22/11, 7:47 pm

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

As Executor or Personal Representative in Florida, you would be responsible for the payment of estate expenses and debts in accordance with his last will, living trust, or other testament. The estate of your father has the debt, and if paid, would own full title to the car, and the Executor would distribute the property as your father expressed in his will.

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Answered on 2/23/11, 4:47 am

It depends upon what other assets are probated. If none, then the car can be turned over to the lending company and you walk away. If there are other probatable assets, then the lender could file a Claim against the estate.

There are other factors to consider, and this is just the beginning of what would be considered.

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Answered on 2/23/11, 5:35 am


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