Legal Question in Wills and Trusts in Pennsylvania

My father bought a car 6 weeks ago and died sudden last week. He put 13k down on an 18k car.....can I, as his son, just make payments. There was no will and my mother is alive and therefor next of kin. I have her approval, but my credit is less then stellar. Can I just make his payments, or do I have to refinance under me....or just transfer title to mom? Last part I didnt run past her yet so I am not sure that is an option. A payment is due in 3 days under my fathers name....they are aware of his passing and I do not want any repossesion. Can they reposes...what do I do? Hyundai just recieved a faxed copy of death certificate.


Asked on 11/28/12, 10:07 am

2 Answers from Attorneys

If your father did not have a Will, his assets pass to beneficiaries by means of the Pennsylvania laws of intestate succession. Under those rules assets will pass to his spouse and children. For example, if your father died with a spouse and that spouse is your mother and your father had no other children with another woman, the first $30,000 of his assets pass to his spouse as well as half of his remaining assets. The rest is divided equally among the children and their estates.

What you need to do is contact an attorney to help you through the probate process. There are notices, both state and federal tax returns, accounting, etc. that need to be completed. The DMV should not change the title of the car without your going through probate.

Feel free to contact me (215-367-5110) if you need help.

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Answered on 11/28/12, 12:22 pm

I agree with Attorney Polsky. Hyundai will not care where the payment comes from as long as it gets money eventually. If the beneficiaries don't pay the car will be repossessed.

This is an asset of the estate and the bills have to be paid before the beneficiaries get anything. Your mother needs to speak with a probate attorney now so this is all done correctly.

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Answered on 11/28/12, 10:32 pm


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