my brother passed away can i make payments on his truck until its paid off its in his name still?

Question

Truck is financed thru ford credit and i have made 2 payments as though he had still been making them how can registration be transfered?Insurance is also being paid so can i legally drive it?

Answer 1

Generally, if you are not a surviving joint owner of a vehicle there are two ways to transfer title of a vehicle previously owned solely by the deceased. Both require official court documentation in order to transfer title. If the vehicle is subject to an abbreviated or standard probate proceeding, only the deceased's personal representative may assign the vehicle. If the vehicle is currently titled in another jurisdiction, you must provide equivalent documentation from that jurisdiction. You must present the following documents to transfer title:
* Assignment of ownership executed by the deceased's personal representative.
* An authenticated copy of the letters testamentary or administration issued to the representative by an appropriate court.
* An application for a new Certificate of Title. (Note: the application must be completed by the person assigned ownership.)

If the vehicle is subject to a small estate order and is a scheduled asset in the order, only the person in whose name the Probate Division of the Court vests title in the vehicle may assign the vehicle. You must present the following documents to obtain a title for a vehicle:
* Assignment of ownership executed by the person in whose name the probate court vests title.
* An authenticated copy of the small estate order.
* An application for a new Certificate of Title. (Note: the application must be completed by the person assigned ownership.)

When the only assets of a deceased's estate are one (1) or two (2) vehicles, the Register of Wills will administer those assets under the small estate proceedings. An Attorney specializing in Probate and Estates can assist you.

The title to a car is a legal certificate of ownership that is produced by the Department of Motor Vehicles (DMV) in your State. It contains vital information such as the name and address of the current owner; the make, model, and year of the auto; any lienholders; and the date the vehicle was first sold. When you sell a car, you sign the title over to the new owner. The new owner must then take the title to the DMV to register the car in his or her name. Then the DMV produces a new title and mails it to the new owner with their information on it. If you acquired the vehicle because of the death of its owner, the DMV outlines the process to follow to obtain the title to the vehicle if you are not a surviving joint owner. To get a fresh title for a car you'll need to provide the following documents to the DMV: proof of a valid driver's license, proof of vehicle ownership, the value of the vehicle, its mileage, proof of insurance, and proof of inspection.

Answer 2

first of all, you should find out whether or not you are legally entitled to your brother's estate. If he is single, there shouldn't be much problem. However, If he is married or have children, then, the truck is not yours.

The next thing you should know is, the insurance is covering your brother, not you. You could only use the car with his consent. But the problem here is he has passed away. Even if you continue to pay for the insurance, you have no insurable interest in the truck. If an accident happen, you could get into a lot of trouble.

My suggestion is you should not drive the car until the title is legally transferred. This is not a simple task. You may need legal advise.

Answer 3

If the title is in your name, they cannot take anything as far as I know. If it is not in your name, you may have a problem. If he left the truck to you in his will, you should be fine. Call a lawyer and ask just to see what they say. Some lawyers can do free consultations over phone so you will know what you're up against.

Answer 4

yes you can. ford credit is extremely reasonable and they won't want the truck back with today economy. if the truck is still registered you can drive it with valid insurance.

its gonna be ackward if you get stopped by the police for something...."ah yeah officer here is the deal so my brother passed away and i have been paying for his truck" officer "ma'am is there any way that i could confirm that" "well officer i just told you that he passed away" officer "ma'am i am gonna need you to step out the vehicle and stand in front of my car while i check this out"

wa wa waaaaaaa

Answer 5

you should contact the lien holder explain the situation if you have good credit they will most likely Finn. you and change the paper work for reg. if you have a wreck you could be in big trouble get this changed over

Answer 6

You can but the ideal thing to do is to get everything put in your name. Did he have a will stating who gets what?

Call the lender and work it out with them.

Answer 7

Yes, But contact them, There is probaly a clause that will pay it off if you have a death certificate. So sorry about your brother .