Estate Not Probated And****************************.

What is the name of your state (only U.S. law)? FLORIDA

My mother passed in Feb. My car and loan was in her name. Because her Estate is not being probated we are using a paralegal to settle her estate. The Paralegal had this to say about my car " if you want to keep the car: (1) we will need to open probate in order to transfer title to him; or (2) you can give the car back to the bank and let them know that you would like to buy the car (if you have the money or can get a loan to do so). But Cathy said that with the option 2, once you hand the car over to the bank they can sell it to anyone, so you run the risk of not being able to buy it. If I recall correctly, you are upside down on the car, so perhaps giving the Montero to the bank and purchasing another car is a better option.
I would like to buy the car but is there any way to do so that is not such hassle?What is the name of your state (only U.S. law)?

is there enough money in the estate to pay for the car?

You don't understand

I want to buy the car IE: keep it The car loan and registration are in her name. There is no cash left from her Estate. Is there any way the bank can just sell it to me with no hassles?

Clipper965 said:

What is the name of your state (only U.S. law)? FLORIDA

My mother passed in Feb. My car and loan was in her name. Because her Estate is not being probated we are using a paralegal to settle her estate. The Paralegal had this to say about my car " if you want to keep the car: (1) we will need to open probate in order to transfer title to him; or (2) you can give the car back to the bank and let them know that you would like to buy the car (if you have the money or can get a loan to do so). But Cathy said that with the option 2, once you hand the car over to the bank they can sell it to anyone, so you run the risk of not being able to buy it. If I recall correctly, you are upside down on the car, so perhaps giving the Montero to the bank and purchasing another car is a better option.
I would like to buy the car but is there any way to do so that is not such hassle?What is the name of your state (only U.S. law)?

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**A: can you qualify to assume the car loan if the lender approves?

Clipper965 said:

Is there any way the bank can just sell it to me with no hassles?

Click to expand...

No because the bank doesn't own the car so they can't sell it to you.

It is your mother's estate's car. Unless you can qualify for a loan and take probate far enough to be able to transfer the title, there isn't much for you to do.

I haven't looked but you might want to research a small estate administration or a summary administration and see if such an action would be possible in this situation. If so, it usually allows you to take care of signing titles and such if there is not a lot of money and usually no real estate involved.