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Bank One says they will not release the title until the vehicle is paid in full. My mom had no money in the bank and no 401k. I have been her sole caregiver for 9 years. She lived with me in calif. until we moved to Florida.
Yes you have to pay the 5 payments to get the car. I would only do that if mom had no other debts otherwise the car would have to be sold to satisfy these debts since mom had no money left.
You can find out how to assume her loan and possibly the vehicle by seeing an elder law attorney. Your mom had no estate, but the car was hers in so far as payments almost done; it seems she did not add you to the title, which in California would have been easy. You still would have assumed the rest of the payments for title release.
I would see an elder law attorney with your question and wish you the best.
Yes. I am doing it now. Pay off the lien. Then when title gets to address on title take to DMV with death certificate and you can get it changed over. Call DMV there to get it straight.
I think that this is a question for your attorney if there is a probate attorney helping with the estate. You say your mom has no money, so I am uncertain if there IS even a probate being filed, but this car would not go to YOU unless you are on the title. It would go to your Mom, or rather her estate, and have to be sold then for distribution of the state after any medicaid clawback and after payment of mom's final bills.
I would pass this by an attorney. Worth a few minutes of phone time paid by you.
Yes, you do. And if your mother's contract with Bank One was structured as this kind of loan usually is, it's actually quite nice of them to give you the option.
To explain: at the time of your mother's death, the bank still owned the car, the contract ceased, and any outstanding debt became immediately due. The bank is allowing "her estate" - as represented by you - to fulfil the contract and attain title to the car, but unless the contract says otherwise I believe they don't have any obligation to do that.
Unless your Mom was paying for some kind of car loan life insurance, which usually a bad deal, the only way to get the lender to release the title is to pay off the loan balance in full or by finishing the payments.
Are you listed as a joint owner or as the pay on death beneficiary? If not, you’ll need to look up how to transfer title, if you decide to pay it off.
Another concern would be if there is a Medicaid lien on the car.
If you can pay five payments and get clear title to the car I would expect that you could sell it for a good profit, but you may prefer to keep and drive it.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Please note the dates of questions before responding. It brings the post back to the top.
I would see an elder law attorney with your question and wish you the best.
I would pass this by an attorney. Worth a few minutes of phone time paid by you.
To explain: at the time of your mother's death, the bank still owned the car, the contract ceased, and any outstanding debt became immediately due. The bank is allowing "her estate" - as represented by you - to fulfil the contract and attain title to the car, but unless the contract says otherwise I believe they don't have any obligation to do that.
Are you listed as a joint owner or as the pay on death beneficiary? If not, you’ll need to look up how to transfer title, if you decide to pay it off.
Another concern would be if there is a Medicaid lien on the car.
If you can pay five payments and get clear title to the car I would expect that you could sell it for a good profit, but you may prefer to keep and drive it.
Your mother didn't own the car yet -- the bank/lender owns it until it's paid off.