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What happens to a car loan when a spouse suddenly passes?

Posted on 2/22/19 at 8:02 pm
Posted by CapperVin
Member since Apr 2013
10661 posts
Posted on 2/22/19 at 8:02 pm
Can the surviving spouse just bring a death certificate to the financial institution the loan was made from and change everything over to their name and continue making payments?

I'm reading conflicting info online. Like the surviving spouse will have to refinance the vehicle and things of that nature.

Does anyone have any experience with this? Thanks in advance
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
38534 posts
Posted on 2/22/19 at 8:04 pm to
Are you asking for yourself?
Posted by gizmothepug
Louisiana
Member since Apr 2015
8850 posts
Posted on 2/22/19 at 8:06 pm to
I’m not sure about a car loan but loans from most other financial companies have some type of life insurance inside the loan paper work.
Posted by Martini
Near Athens
Member since Mar 2005
49696 posts
Posted on 2/22/19 at 8:06 pm to
You can continue to pay even if it’s in spouses name. Bring death certificate but it will have to be removed from the estate at some point. Your attorney should be able to do this.
Posted by CapperVin
Member since Apr 2013
10661 posts
Posted on 2/22/19 at 8:06 pm to
close family members
Posted by NYNolaguy1
Member since May 2011
21836 posts
Posted on 2/22/19 at 8:06 pm to
quote:

Can the surviving spouse just bring a death certificate to the financial institution the loan was made from and change everything over to their name and continue making payments?

I'm reading conflicting info online. Like the surviving spouse will have to refinance the vehicle and things of that nature.

Does anyone have any experience with this? Thanks in advance


Do yourself a favor and talk to the attorney handling the deceased's estate. Laws vary by state.
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
24169 posts
Posted on 2/22/19 at 8:06 pm to
quote:

continue making payments


Just do this unless someone else has claim to the deceased person's property. Work out the title with the State when it's paid off.
Posted by Spasweezy
Unfortunately, Louisiana
Member since Jan 2014
7268 posts
Posted on 2/22/19 at 8:08 pm to
List vehicle in the secession and get a judgement of possession. *not an attorney
Posted by IonaTiger
The Commonwealth Of Virginia
Member since Mar 2006
33346 posts
Posted on 2/22/19 at 8:09 pm to
Read the loan docs.

ETA: or call a lawyer.
This post was edited on 2/22/19 at 8:10 pm
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124694 posts
Posted on 2/22/19 at 8:10 pm to
Sorry for your loss
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
70467 posts
Posted on 2/22/19 at 8:12 pm to
quote:

Do yourself a favor and talk to the attorney




The OT has much more better knowledge
Posted by Python
Member since May 2008
6685 posts
Posted on 2/22/19 at 8:51 pm to
I do this for a living, for whatever that's worth. Call the lien holder and see what they would be willing to do. Some will not accept payments and require the surviving spouse to pay the loan off via refinance or straight up pay them off. Otherwise, they may move towards repo. Some will allow you to continue making payments. Accepting payments is normally the route I go. No financial institution wants to take an unnecessary loss, so talk to them and see what can be worked out.
Posted by brass2mouth
NOLA
Member since Jul 2007
20732 posts
Posted on 2/22/19 at 8:55 pm to
quote:

Like the surviving spouse will have to refinance the vehicle and things of that nature.


You can’t be made to refinance it into your name.
Posted by Sidicous
NELA
Member since Aug 2015
19296 posts
Posted on 2/22/19 at 8:59 pm to
Best rule of thumb for a sudden death in the family: Do absolutely nothing about documents, bills, loans, utilities, etc., unless you absolutely know it must be done by law.

Spouses usually have some credit lines that involved both incomes, ratings, etc.. Survivors do NOT inherit that joint credit rating. Primary wage earner dying can devastate a survivor's credit ability.

Last thing anyone wants is the financial insecurity issues when they are trying to grieve and are already tremendously concerned about how they will carry on alone.

Anything that can wait, should wait. Car tags, car insurance, car inspections? Wait for the renewal time before touching those issues.

About 4 months after my Dad died in the living room floor of a heart attack and pneumonia was when the car tag renewed. Mom and I went THEN and on a slow bad weather day to avoid lines. They simply dropped Dad's name and let Mom keep his Veteran tag. Car was not financed though.
Posted by Ash Williams
South of i-10
Member since May 2009
18563 posts
Posted on 2/22/19 at 9:00 pm to
It won’t matter when you get caught for the murder
Posted by MsState of mind
State of Denial
Member since Aug 2013
2747 posts
Posted on 2/22/19 at 9:03 pm to
quote:

You can’t be made to refinance it into your name.


Correct but if the banks loan is with grandma and grandma passes away they can come get the car. I worked at a large bank down here and we would repo the car if the account holder died. If someone wanted to keep the car they could get a loan in their name for the balance due. Problem is if the loan is in grandmas name and grandson makes payments then they are probably all late and becomes a headache for the bank.

However in our case we would only ever hear about it if a payment went late. Set it up on auto pay
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 2/22/19 at 9:12 pm to
Since you're asking for legal advice on the ot, It'd prolly be wise to see if your people got suckered into a credit life plan when they bought the car.

Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 2/22/19 at 9:23 pm to
they will absolutely come get the vehicle if there was no life insurance if payments stop.
Posted by fillmoregandt
OTM
Member since Nov 2009
14368 posts
Posted on 2/22/19 at 9:33 pm to
Send a copy of the death certificate to the bank's probate department and they'll take care of it
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