Legal Question in Family Law in Wisconsin

Wife rights to car after husband dies

My husband passed and he had an car which his mother was the co-signer and I wasn't on the title, do I have the right to he car even taken over car note?


Asked on 3/16/09, 1:41 am

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Wife rights to car after husband dies

Assuming that your husband's mother is NOT listed on the title to the car, and that your husband had no will, and that either you do not have any children or that any children that you do have are children of both you and your husband, then you would be your husband's sole heir. As his heir you are entitled to the car, but subject to whatever debt is on the car. Assuming you pay off the debt that is a lien on the car, the car would be yours.

If you didn't pay the lien, then the creditor could repossess the car and sue your husband (his estate) AND his mother who you say signed the note for a deficiency judgment if the car cannot be sold for at as much as is owed on the car.

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Answered on 3/16/09, 11:23 am


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