What to do if my mother co-signed an auto loan for me but she passed away before the loan was paid off?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my mother co-signed an auto loan for me but she passed away before the loan was paid off?

There was an excess amount after the insurance paid off the car that was made out to my mother’s estate in the form of a check. There was no succession due to my mother not having any real items of value. Why would the check be made out to mom’s estate when I was the one who had the loan while my mom only co-signed it and my siblings had nothing to do with my auto loan? Also, how do I go about doing anything with this check since mom nor her estate has a bank account?

Asked on December 10, 2012 under Insurance Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would contact the insurance representative as to why the check for your car was made out to your deceased mother if she was solely the co-signor on your loan. My explanation is that somehow your mother was the designated insured for your vehicle or was the registered owner which entitled the check to be made out to her.

I suggest that after you get the above information suggested you ask that the check be issued to you if you are the insured under the car and return the check sent your mother's estate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption