new car payment

What is the name of your state? California

My husband died in August. He bought a new car in July. Am I responsible for the payments? If I pay it off, can I then get it in my name? It was in his name only. I have made two payments. I would like to keep it, but am afraid that his son might try to get it from me after I pay the loan. He left a letter for his will. This car was not included.

caitmom said:

What is the name of your state? California

My husband died in August. He bought a new car in July. Am I responsible for the payments? If I pay it off, can I then get it in my name? It was in his name only. I have made two payments. I would like to keep it, but am afraid that his son might try to get it from me after I pay the loan. He left a letter for his will. This car was not included.

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My response:

You need to file a "Small Estate" probate action. The court will either give you "Letters Testamentary" to allow you to place the car into your name, or will order that the car be sold.

In the meantime, under California's Community Property laws, you're on the hook for the payments. It doesn't matter that the car was only in his name. It's still your debt because you were married to him.

So, file your Petition for Probate ASAP.

IAAL

small estate

How do I go about getting a small estate probate?

Re: small estate

caitmom said:

How do I go about getting a small estate probate?

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My response:

By calling a Probate attorney, that's how.

IAAL