Legal Question in Wills and Trusts in Pennsylvania

What does a "co-buyer" mean? Who is on the title to the car? You, your father or both? What about the loan? Are you a co-applicant for financing with your father or did your father just co-sign and the loan is in your name?

Ownership and responsibility for the car loan are 2 different things. If you are actually the sole or a co-borrower on the car loan then you are going to be responsible for the debt and must continue to pay on the car loan.

Regarding ownership of the car, if the car is still being financed, the lender will not release the title until the loan is paid. If you and your father are both owners of the car (as evidenced by the car registration) what is the car worth? What is the balance on the loan?

Did your father have a will? If so, what did it say about the car? If there is no will, do you have siblings other than you or did your father have a wife that survived him? Where did your father live at the time of his deat? PA?

For the purposes of this post, I will assume that your father lived in PA. If he lived elsewhere, then his estate would be administered in accordance with the laws where he lived.

If you and your father are both on the title, you keep your 1/2 of the car. Your father's share would pass as per his will or via the intestacy laws if there is no will to his surviving spouse and children. The logical thing would be to see if there is a will and what it said and if there is no will for you to buy out the 1/2 share of the car if you can afford to do this. As I said, I don't know the value of the car or if this is feasible. Depending on circumstances, maybe you can simply pay the car off and by the time you are done the estate will be completed and the executor can just sign over the title to you unless the estate needs money now.

If your name is not on the registration/title of the car then its solely your father's. In that case, the car will pass as per your father's will or via the intestacy laws. Again, the estate can sell the car to you but this time you will have to immediately pay for it.

If the car is worth less than what is owed, then paying off the car may not be the best option. In such case, perhaps you can do a voluntary repossession of the car. The problem is that any deficiency remaining after the car is sold will be an obligation of the estate if your father is solely on the car loan. I don't know what other assets your father has to know if this will work. This is not the best solution and I am not advocating that you do this.

In answer to your questions, the car does not automatically transfer to you unless that is stated in the will. Again, the problem concerns the balance on the loan and whether your name is on it exclusively or with your father. If just your name is on the loan, then I do not see a problem with the estate releasing your father's share to you if the will gives you the car. But since the lender will not release the title until the loan is paid offm you, the executor and the car lender would have to talk about this.

Can the estate take the car? Not unless it is an exclusive asset of the estate. If you and your father are on the car registation and title as joint owners, either you have to buy the car from the estate (most logical) if you can afford to do that or else you and the estate both have to agree to sell the car and the proceeds can go to pay off any loan and if there is excess, then the balance can be divided between you and the estate. Again, the more likely scenario is that the car is worth less than the balance on the loan which means that nobody is going to want to buy the car. While it would be good if you could buy the car, if it is worth less than what you owe, you either have to keep paying for the car or do a repo. However, a repo is to be avoided as a deficiency will remain on the car and this will be the responsibility of whoever is on the loan.

Sorry if this is convoluted, but it would help to see the loan and other documents to give better advice. You may want to take the will and car loan/registration documents to a probate lawyer and pay the lawyer to review and advise you.