Legal Question in Credit and Debt Law in Kansas

Here is my situation: I have been with this man for over 10 years (we are not married, but live next door to each other). He helped me get a car (10 years ago) because my credit was no good and I have been making payments on it, but a year after he helped me get the car he talked to his bank to see if we could combine his car loans with my car loan. Which the bank did, plus combine the houses in one loan. The car loan is in his name only, but the houses are in both are names. I found out after we combine everything that his daughter's name is listed on some of his car titles. These cars that he owns are all tied up in these loans (some as collateral). He is disabled (due to an accident at work) and I'm the one that has been making the car and house payments. Here is my question... if he passes away what will happened to the cars if we still owe money to the bank (his daughter's name is on the titles od most of these cars)? Remember his name is on the car(s) loan, but both are names are on the houses. I've been the one paying both bills. I'm just concerned because of his health. What should I do? Thank you!


Asked on 1/19/10, 3:04 pm

1 Answer from Attorneys
Sean Santoro Santoro Law Office

You should both have wills to ensure your wishes are carried out. In Kansas, you can also set up nonprobate transfers of titled property ---cars, houses, boats, etc. On a title, you can name a person for a TOD- Transfer on Death. Nonprobate transfers such as TOD's do not pass through probate. I would suggest you have a long discussion with your partner about what property will go to you, and what will go to his daughter. No one likes to have these types of conversations, but be persistent. A little work today will avoid a lot of heartache and expense later. Feel free to contact me if I can be of assistance in this matter.

--Sean Santoro/Licensed in KS and MO

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Answered on 1/25/10, 7:18 am


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