1. Welcome! Please take a few seconds to create your free account to post threads, make some friends, remove a few ads while surfing and much more. ClutchFans has been bringing fans together to talk Houston Sports since 1996. Join us!

I inherited a car that has a balance due more than it's worth

Discussion in 'BBS Hangout' started by Win, Jul 5, 2011.

  1. Win

    Win Member

    Joined:
    Nov 22, 2002
    Messages:
    1,745
    Likes Received:
    111
    Looking for some advice here. My mother recently passed away and left me her car in her will. Problem is, I don't need it and it still has a balance due of $7,500 with monthly payments of $250. According to blue book the car is worth around $6,800. I really don't want to lose money on this and am wondering if it would affect my credit if i just let it be repossessed?

    Furthermore, if I do what I suspect is the right thing and sell it for what I can get, do I have to transfer the title to my name first?

    BTW the car is a 2006 Saturn Ion with 50,000 miles and is in fair to good condition.
     
  2. leroy

    leroy Member
    Supporting Member

    Joined:
    Jun 25, 2002
    Messages:
    27,367
    Likes Received:
    11,236
    First, my condolences on losing your mother. That has to be very hard.

    Second...why not try to sell the car for what it's worth. Just because KBB says it's something doesn't mean there isn't someone out there that's willing to pay what your ask. Put it up for sale for $8,000 and make someone feel like you're doing them a favor when you begrudgingly accept $7500.

    I'm pretty certain it will damage your credit some if the car gets repossessed. You're going to have to carry the note as long as you have it if you can't sell it.
     
  3. macalu

    macalu Member

    Joined:
    May 19, 2002
    Messages:
    16,942
    Likes Received:
    836
    my first guess is that since the loan is in her name, you're not responsible for the payment and it won't affect your credit.
     
  4. bejezuz

    bejezuz Member

    Joined:
    Jun 26, 2002
    Messages:
    2,772
    Likes Received:
    69
    Have you probated her estate yet? You weren't a party to the loan unless you co-signed the loan. This should all be settled at probate.
     
  5. Rocketman95

    Rocketman95 Hangout Boy

    Joined:
    Feb 15, 1999
    Messages:
    48,984
    Likes Received:
    1,445
    my condolences, win. :(

    other than the legal issue that has already been brought up, i'd take it to carmax or somewhere else to see if they'll give you what is owed on it. a $700 difference isn't really that huge.
     
  6. MadMax

    MadMax Member

    Joined:
    Sep 19, 1999
    Messages:
    76,683
    Likes Received:
    25,924
    you can disclaim the gift. you don't have to accept the car.

    very, very sorry for your loss, Win.
     
  7. No Worries

    No Worries Member

    Joined:
    Jun 30, 1999
    Messages:
    32,880
    Likes Received:
    20,662
    In Texas, the will has to go through probate and a judge has to sign off on it, before the property can be officially transferred. Before the judge signs off, the executor of the estate has to promise to the judge that all outstanding debts have been resolved.

    WRT OP's problem, tell the executor that you do not want the car (or the debt ftm). The executor can do as thy wish and can always contact the owner of the car loan and have them take back ownership. The loan owner might be willing to accept an offer on the car at the wholesale price, or perhaps lower.

    I am not a lawyer. This not a legal opinion.
     
  8. Win

    Win Member

    Joined:
    Nov 22, 2002
    Messages:
    1,745
    Likes Received:
    111
    Thanks for the condolences, gentlemen. Some of you seem to fill I have no risk from damage to my credit if I let this car be repossessed. If that is the case, I wonder what I should do, just drop it off in the parking lot of the nearest Capital One bank with a 'thanks but no thanks' note?
     
  9. No Worries

    No Worries Member

    Joined:
    Jun 30, 1999
    Messages:
    32,880
    Likes Received:
    20,662
    The car is the responsibility of the executor of your mom's estate.
     
  10. justtxyank

    justtxyank Member

    Joined:
    Jul 7, 2005
    Messages:
    42,919
    Likes Received:
    39,921
    You are not reading their posts. Who is the executor of your mom's estate. Get in touch with that person and tell them you don't want the car. It is possible that the estate will use money that was left in the estate to pay off the car.
     
  11. bobrek

    bobrek Politics belong in the D & D

    Joined:
    Sep 16, 1999
    Messages:
    36,288
    Likes Received:
    26,645
    You should also check to see if the loan has a death benefit to pay off the loan.

    Sorry for your loss.
     
  12. peleincubus

    peleincubus Member

    Joined:
    Oct 26, 2002
    Messages:
    26,756
    Likes Received:
    15,074
    its a KIA its only going to go up in value. I would keep it.
     
  13. Win

    Win Member

    Joined:
    Nov 22, 2002
    Messages:
    1,745
    Likes Received:
    111
    There is no executor of the state or probate. The will was simple and she had nothing of value to leave other than personal belongings. I was to give specific items (jewelry, china, etc) to certain family members, keep what I wanted and to have an estate sale, keep the proceeds and that's it. she owned no property and I am the sole beneficiary of what is left. I just have the car issue to deal with. As it stand there seems no reason to involve a lawyer - though I could be way off base on that.
     
  14. updawg

    updawg Member

    Joined:
    May 20, 2002
    Messages:
    3,985
    Likes Received:
    166
    Sounds like the financers got a problem not you
     
  15. Mr. Clutch

    Mr. Clutch Member

    Joined:
    Nov 8, 2002
    Messages:
    46,550
    Likes Received:
    6,132
    Declare bankruptcy.
     
  16. FranchiseBlade

    Supporting Member

    Joined:
    Jan 14, 2002
    Messages:
    51,807
    Likes Received:
    20,465
    Definitely sorry about your loss.

    Max is an attorney, I would follow his advice. I'm not sure of what action is required to disclaim the gift, but I would find out and do that. I would make sure that you take that action and get whatever paperwork is necessary to show that it was done.
     
  17. HAYJON02

    HAYJON02 Member

    Joined:
    May 20, 2002
    Messages:
    4,777
    Likes Received:
    278
    I'm sorry about your mother. Made for a strange "holiday weekend" I'm sure.

    I lost my 20 year old cousin on Friday to a heroin overdose. Jake lost his dad when he was 14, so the pain of losing parents, especially if you're younger, is not an easy process. Everyone responds differently I suppose. Growing up in a rough Irish Catholic town in south Boston is just another layer of challenges. I'm dreading going to that cursed place. He wasn't even old enough to walk into a bar and buy a beer. It's just insane. I'm totally crushed.

    **** heroin.
     
  18. juicystream

    juicystream Member

    Joined:
    Apr 17, 2001
    Messages:
    30,621
    Likes Received:
    7,153
    Have you considered contacting the bank?
     
  19. No Worries

    No Worries Member

    Joined:
    Jun 30, 1999
    Messages:
    32,880
    Likes Received:
    20,662
    The bank wants to deal with the executor of the will. The OP appears to be the de facto executor.

    I bet that the bank deals with this kind of thing all of the time. Contacting the bank would be a good first step. They will let you know exactly what it will take to make the car go away.
     
  20. juicystream

    juicystream Member

    Joined:
    Apr 17, 2001
    Messages:
    30,621
    Likes Received:
    7,153
    I don't see how the will could not have named an executor (assuming it was professionally done). He is certainly acting in that capacity.
     

Share This Page