Legal Question in Wills and Trusts in Illinois

The difference between the balance of the loan and the net amount received for the car will be the deficiency balance of the loan. Your mother's estate will be pursued as the debtor for that debt. If you opened a probate estate there is a limited period during which creditors can pursue their claims. Otherwise, you could negotiate a settlement with the bank to satisfy the deficiency balance.

My advice is to turn in the car, and walk away. If you have not signed on the loan, you are not liable. Legally, it's your mother's car, and her debt. If the car is worth more than the remaining lease payments (which is generally unlikely), you may want to take over ownership by refinaning.

I agree that the difference between the balance of the loan and the net amount received for the car will be a deficiency. However, only your mother or her estate is liable for that deficiency, unless you also signed the loan documents. You won't inherit any of her debts.

If you made car payments, that doesn't make it your debt. However, if you kept using the car after your mother died, you may be liable under some theory of liability for rent to the estate or the owner of the car, i.e the lender.

If there was no formal probate estate opened for your mother, the creditor has two years from the date of your mother's death to open one by filing in the probate court and try to collect against other assets your mother owned at death. Most creditors don't pursue that option because of the expense and the "risk/reward" considerations.