Legal Question in Wills and Trusts in Ohio

Re: my dad passed away

Please accept my condolences on the loss of your father.

As a preliminary issue, if your father was the sole owner on the title to the car, then Probate Court action would be needed to transfer the title to whomever is entitled to inherit the vehicle. There is an exception for a surviving spouse to be able to transfer up to 2 vehicles to herself, outside of Probate, but the value of the vehicles must be below $40,000 total.

As to the loan remaining on the vehicle, it is a contract between dad and the bank, and it is secured by the car such that if the loan payments are not made, the bank has the right to take possession of the car. The underlying obligation to repay the loan should become an obligation fo dad's estate. So long as you have not signed anything -- either the original loan paperwork, or a separate agreement indicating you would be a guarantor, meaning you would pay the bank if dad did not pay -- you would not have any personal liability for the debt on the car. Sometimes it is possible to arrange a "friendly repossession" of the car with the bank if nobody is able or intends to pay the loan.

Even if you are, or become, the Court appointed representative of dad's estate, as long as you perform your duties properly only the estate would be liable for the debt. Estate representatives can incur personal liability if they improperly handle the estate, so if you are going to be an estate representative it is always a good idea to have an experienced lawyer represent you.

Please note that this is general information only and it is not intended to create an attorney client relationship. You should have your situation and all details, titles, loan documents, etc., reviewed in person by a qualified attorney.