Legal Question in Wills and Trusts in Ohio
Husband passed away leaving a vechicle and loan in his name only. When he passed, the house was in his name. The house is now in my (wife) name. If I turn the vehicle over to the bank, will they try to put a lein on my home even if it is in my name now?
2 Answers from Attorneys
I'm not sure why you would turn over the vehicle to the bank. If you no longer want or need it, a car lender normally repossesses it. I suggest calling the lender and asking about their procedure, even anonymously.
A wife can be liable for a husband's debt even if she did not co-sign if the debt is for a necessity (i.e. food, medical bills, etc.). I have never seen a car be considered a necessity. Generally, debt only attaches as a lien to the property held in the name of the debtor. Your husband's estate, however, is still liable for his debts and assets of his estate may need to be sold to pay off his debts.
It sounds as though you should discuss more of the details in person with a probate attorney. Please let me know if you found this response helpful.
Lisa K. Meier
This response is based on the limited facts you have provided and is not intended to create an attorney-client relationship. I cannot provide adequate advice to you without meeting with you in person. If you would like to schedule a free consultation, please feel free to contact me.
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