Legal Question in Wills and Trusts in Illinois

Based on your statement, I do not see that what you are being told makes any sense. Perhaps the issues is not solely the debt on the car, but whether there are sufficient assets from which the expenses and claims in the estate can be paid. I suggest you have the information available to you reviewed.

You need more information. Unless that good friend had other substantial debts which must be paid before any gift could be made to your your husband (or anyone else), it seems unlikely that your husband could not, at least, take the car subject to the loan. However, please keep in mind, the attorney may impose a waiting period on any gifts in order to confirm that no other creditors can be found.

In order of priority, expenses of administering the estate have to be paid first. Then, certain creditor claims need to be paid. You will need to ask the attorney for the estate where your husband's legacy fits in the order of priority of items that need to be paid.