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Probate debts - vehicle with lien

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missmimi2007

Junior Member
What is the name of your state (only U.S. law)? New Jersey

My husband passed away last week. He had a few debts in his name alone. Two are credit cards with balances of about $3,000 total. Our newly purchased truck was also in his name alone and subject to a $10,000 lien. I reported his death to the car company and they informed me that they were going to take the truck (following their procedures) but that I could get it back later by paying the balance in full. I want to keep the truck and plan to pay the balance due with the life insurance money that I receive.

I am not sure if I should list the truck as a debt for probate since they are going to take it back. Also, I do not want the truck to become an asset. Can I pay the balance myself without having to list the truck as a probate asset. My overall goal is a insolvent estate so that the credit cards write their balances off. What should I do?
 


ShyCat

Senior Member
I am not sure if I should list the truck as a debt for probate since they are going to take it back. Also, I do not want the truck to become an asset. Can I pay the balance myself without having to list the truck as a probate asset. My overall goal is a insolvent estate so that the credit cards write their balances off. What should I do?

You can't pick and choose which assets and debts will be included in the estate. They are what they are. The truck is an asset of the estate, you can't simply pretend that it's not.
 

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