Legal Question in Wills and Trusts in Illinois

Yes. The issue would be whether the loan should be paid off by the estate before the car is distributed to the person to whom it was left or the car is taken subject to the loan. If it is taken subject to the loan, then careful consideration should be given to whether the bequest should be disclaimed. Can the person afford the payment? Is the car worth it?

A person who is alive is presumed to know their own intent, unless specifically stated in the will that the gift is free of liens and encumbrances, it's not. The will may permit the executor to sell the car and give the beneficiary the net sale proceeds.