died without a will -- car has lien

[platinum-metal]

What is the name of your state? New York

My husband died without a will. He purchased a car in 2004. There is still an outstanding balance on the car loan. As the spouse, I am not party to this debt and so I contacted the finance company and faxed them a notarized letter telling them to come and pick up the car. They have noted this in his account but I still haven't received a call from them telling me when they will pick up the car (it has been 6 days). Is this a game on their part? They are the true owners of the car as lienholder. I have no fudiciary responsibility for the car since I was never named as executor to a will. I want to cancel the insurance at this point and whatever happens to the car is the finance company's responsibility -- correct?

Moreover, the estate is insolvent so the finance company will not be able to collect the difference of what was owed against what they get at auction.

Thank you.

 

[moburkes]

Fiduciary responsibility is completely differerent than being the executor of an estate.

Ma'am, a repossession of a vehicle, even a voluntary one, takes MONTHS, not days.

In many states, you are not required to be a party to the contract in order to be responsible for it. You only have to be married to the debtor. So, I would wait before I cancel that insurance policy should the vehicle come up stolen.

Sorry about your husband.

Wait for other replies, but you are moving way to fast right now.

 

[platinum-metal]

died without will - car has lien

thank you Moburkes.

Since New York is not a community property state, I won't be responsible for any debts solely in his name. The estate would be but it is insolvent.

Thanks for responding and giving me a clearer understanding of the repo process.