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Question
Asked 364 days ago by a user from Hull, GA
Receiving properrty left to me in a will
My mother recently passed away and left me her car in her will. The car is not paid for and I am not in a position to borrow the money to pay the loan. The excutors will not pay the loan off with the estate money. Saying that there is not enough to cover the loan. I dont know if this is true or not because they will not tell me what the loan payoff is or how much money is in the estate account. How can I take posession of the car and protect the estate from any kind of liability issues? When her home is sold the loan can be paid but I need the car now.
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Answers
Glen Edward Ashman - Lawyer from East Point, GA
Without seeing the will there is no way for me to know if you were given teh car subject to debts (in which case you must pay it if you accept the car) or if the will requires the estate to pay it and give you the car free and clear, or even if you get teh car at all. The will is a public record at the probate court as is the probate petition, so take a copy of both to your lawyer for review.
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No one is disputing wheather or not our mother gave me the car or who is responsible for the payments or in the end the payoff. But until it is paid for it can not be put in my name obviously. What I am trying to find out is, Can the estate lease the car to me until I can secure the funds to pay for it?
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