My father was diagnosed with liver cancer back in Feb 2014, he recently just passed away. He was trying to make arrangements before he passed, but left us much earlier than expected and was unable to leave a will.
I have some legal questions that I do not know the answer to or are not 100% clear to me.
My father has a vehicle in his name that he is still making payments on. The pay off is 25k. Our family would like to pay off this amount and sell the vehicle so that we can minimize loss, but it seems very complicated and we don't know where to start.
If I am correct, the vehicle must be probated first by the court in order for us to sell it, but how do you probate a vehicle that your loved one does own because it has a lien on it?
The vehicle is also on autopay, and is draining his bank account every month. We do not have access to his bank account because it must be probated as well. We are hoping the timing is right and his bank account will not run out because we are afraid the vehicle might be repossessed once the finance company can no longer get payments.
What happens if the vehicle is repo'd? Are we liable for his debts such as repossession fees, auction fee, paper work fees?
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2nd, how does the court decide how to probate his property?
My dad is a father of three, and we want everything to go to our mother.
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3rd, both my father and mothers names are on a mortgage that still needs to be paid.
Now that my father has passed, does my mother have to pay any death taxes on something that she co-owns?
I am really worried because we are not the richest people in the world, and it seems like the gov't may try everything in their power to tax us, take what my father wanted us to have, etc.
I hear probating without a will takes a long time which is worrysome.
I have some legal questions that I do not know the answer to or are not 100% clear to me.
My father has a vehicle in his name that he is still making payments on. The pay off is 25k. Our family would like to pay off this amount and sell the vehicle so that we can minimize loss, but it seems very complicated and we don't know where to start.
If I am correct, the vehicle must be probated first by the court in order for us to sell it, but how do you probate a vehicle that your loved one does own because it has a lien on it?
The vehicle is also on autopay, and is draining his bank account every month. We do not have access to his bank account because it must be probated as well. We are hoping the timing is right and his bank account will not run out because we are afraid the vehicle might be repossessed once the finance company can no longer get payments.
What happens if the vehicle is repo'd? Are we liable for his debts such as repossession fees, auction fee, paper work fees?
--------------------------------------------------------------------
2nd, how does the court decide how to probate his property?
My dad is a father of three, and we want everything to go to our mother.
---------------------------------------------------------------------
3rd, both my father and mothers names are on a mortgage that still needs to be paid.
Now that my father has passed, does my mother have to pay any death taxes on something that she co-owns?
I am really worried because we are not the richest people in the world, and it seems like the gov't may try everything in their power to tax us, take what my father wanted us to have, etc.
I hear probating without a will takes a long time which is worrysome.
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