Purchasing a new car is an exciting experience But what if tragedy strikes and the owner of a financed vehicle suddenly passes away? This difficult situation leaves family members wondering – what happens to the car loan?
Even though this process can be overwhelming, knowing your choices can help you make sense of a tough time. Here is a complete guide on how to get an auto loan after the death of a loved one.
The Auto Loan Lives On
A common misconception is that any remaining debt is forgiven after someone dies. But this is not the case – the deceased person’s debts do not simply disappear. Auto loans fall into the category of secured debt, with the vehicle itself as collateral. So the loan must still be repaid by someone, or the lender can repossess the car.
The Loan Transfers to the Estate
When someone passes away, all of their assets and debts become part of their estate. This includes the deceased’s home, bank accounts, investments, and any outstanding loans like a car loan.
The person named in the will as executor is in charge of the estate. This means paying off debts with estate assets if possible. Any remaining assets are then distributed to beneficiaries.
If the person in charge of the estate has an auto loan, for example, they need to check to see if there are enough funds to pay off the loan. If not, other arrangements must be made.
The Role of a Co-Signer
Many auto loans have co-signers – a second person who agrees to be responsible for repaying the loan if the primary borrower cannot.
If the deceased had a co-signer on their auto loan, this person immediately becomes responsible for the remaining payments. The loan balance transfers directly to the co-signer. They must continue monthly payments to avoid repossession.
Community Property States Have Different Rules
In states like California, assets and debts that were accumulated during a marriage are split between the couple. This means that the person who survives the death is responsible for half of the debts, even if they weren’t on the loan.
So in these states, the spouse would be liable for a portion of the outstanding auto loan balance, regardless of who was listed as the borrower.
The Vehicle Can Be Repossessed
If no arrangements are made to continue payments, the lender has the legal right to repossess the financed vehicle – even after the borrower’s death. Once repossessed, they will sell the vehicle to try to recoup their losses on the unpaid loan balance.
To avoid repossession, either the estate, co-signer, or inheriting relative needs to continue making timely payments. Or the vehicle can be refinanced or sold to pay off the lender.
Refinancing the Loan
The beneficiary keeping the vehicle may need to refinance the auto loan into their own name. This transfers legal responsibility for the debt. Refinancing can sometimes lower the interest rate as well.
Good to excellent credit, steady income, and low debt-to-income ratio help in qualifying to refinance. A co-signer can improve the chances for anyone with less-than-ideal credit.
Selling the Vehicle
Selling the car is an option if the beneficiary doesn’t need or want the vehicle. The sale proceeds go toward settling the outstanding loan balance. If the sale amount exceeds the loan, the difference goes to the estate.
Selling can be a fast way to resolve the situation. But only consider this if the car is worth more than what is still owed. Otherwise, the beneficiary must cover the difference.
Using Life Insurance Proceeds
Many people have life insurance policies to provide for loved ones after their passing. These funds can be used to pay off debts like auto loans as well.
If the deceased had a policy with enough coverage, the payout can settle the car loan balance. This prevents the stress of making payments or dealing with repossession.
Seeking Legal Advice
Navigating the auto loan process after someone’s passing can get complicated. Consulting a lawyer who specializes in estate planning helps ensure you make informed decisions.
An attorney can review all documentation and counsel you on your options as executor or beneficiary. This provides guidance and peace of mind during a difficult time.
Take Action to Avoid Repossession
The important thing to remember is that outstanding auto loan balances do not disappear after someone dies. To avoid repossession, continue making payments somehow – through the estate, co-signer, or new owner.
Refinancing or selling the car are options if keeping up with payments proves challenging. Seeking legal advice provides direction when settling estates with auto loans. With the proper steps, this stressful situation can be resolved smoothly.
If There’s an Heir Named in the Will
If you inherit a car according to the deceaseds will, you may receive the car, but the loan doesnt automatically transfer. The estate must repay the remaining balance, after which youll own the car free and clear.
However, if the estate cant cover the loan debt, the lender can repossess the car since it serves as collateral. The lender may also allow you to assume the loan if you want to keep the car. Contact the lender to learn the steps to transfer the car loan.
If the late car owner dies without a will or didnt designate an heir, itll likely be up to the probate court to decide who gets the car. Regardless of who inherits the vehicle, the loan must still be repaid, or the lender may repossess it.
What Happens to a Car Loan When Someone Dies?
Lenders understand that a borrower may pass away during the loans term and make provisions for this in the loan. After the death of a loved one, the terms of their auto loan will likely dictate whos responsible for repaying it.
The loan contracts death clause section will detail how the lender expects the loan to be repaid after the borrowers passing. Typically, the estate must repay the debt or the vehicle will be repossessed, but you may have other options.
Here are some of the most common scenarios that can affect how a car loan might be handled.
What Happens To A Car Loan When Someone Dies? – Wealth and Estate Planners
FAQ
What happens to a car loan if someone dies?
If you’re wondering what happens to a car loan when someone dies, here’s what you should know. What Happens to an Auto Loan If a Car Owner Dies? If someone dies before paying off an auto loan, the loan will typically become part of the deceased’s estate, which includes all of that person’s assets as well as any outstanding debt.
What happens to a financed car if the owner dies?
It’s never easy to lose a loved one, and having to deal with their finances can add to your stress during this hard time. One of the questions that may arise is what happens to a financed car when the owner passes away. Most car loan agreements include a death clause that outlines what happens to the loan in the event of the borrower’s passing.
Who is responsible for a car loan if a person dies?
This clause typically states that the loan becomes the responsibility of the co-signer, if there is one. If there’s no co-signer, the loan falls to the deceased’s estate. When a car loan becomes part of the deceased’s estate, the executor named in the will is responsible for settling the debt.
What happens if you die on a secured car loan?
A secured loan is backed by collateral. In this case, that’s the car. If payments on a secured car loan stop for any reason, including the death of the person who signed the agreement, the lender can repossess the car and sell it to cover the unpaid portion of the loan. Save my name, email, and website in this browser for the next time I comment.
What happens if a car borrower dies?
If the borrower dies, the outstanding auto loan debt may be taken over by the estate of the deceased, a co-signer, or a surviving spouse, depending on the details of the case. What if my dad passed away and my car is in his name?.
Can a car loan be refinanced after death?
Sometimes, the lender will require refinancing on the car loan after the original borrower’s death. The lender could take back the car if there is no one to make payments and the estate can’t pay enough to cover the loan. What if the car insurance policy holder dies?.
What happens if someone dies while financing a car?
The estate is responsible for the loan. If the estate does not have the funds to cover it, the inheriting family member (who inherited the car) may take over payments, although he/she is not liable for them. This means that if the payments are not made then his/her credit will not be affected.
What debts are forgiven upon death?
Student Loan Debt
Most federal student loans are forgiven upon the death of the borrower. This means that the remaining loan balance is typically not passed on to the borrower’s estate or their surviving family members.
What happens if my car dies before it’s paid off?
What happens to owner financing if the owner dies?
Ownership rights transfer to the seller’s estate. The buyer typically continues making payments to the estate’s administrator. However, if the contract wasn’t recorded or legally reviewed, disputes can arise — especially if heirs are unaware or contest the agreement. 4.