Skip to main content

Estate, inheritor refuses car that has a bank loan. Are they still responsible for any money due after car is sold.

Palm Bay, FL |

The Inheritor refused a car that had a large balanced due. She did not want to be responsible for the loan and the administrator returned the car to the bank. The bank sold the car for more than was due on the loan. The bank issue a check to the administrator in the decease's name. The inheritor now claims the money. Should that money go to the inheritor or the estate to pay for the new tires and the auto repair bills that were incurred before original owner passed away?

Attorney Answers 4


  1. Best answer

    I agree with Attorney Frederick in that more information is needed. If the money is the only money available to pay for creditors and/or administrative expenses (which include the reasonable handing of assets like the vehicle), then the interest in the property would have been used to satisfy that debt eventually. Otherwise, it would depend on whether the beneficiary actually relinquished his or her interest in the vehicle. A written disclaimer would extinguish all of her rights, but that is unlikely in this scenario. I would think it would be difficult for the administrator to prove that the beneficiary was giving up all interest in the vehicle. As such, the beneficiary may very well be entitled to the proceeds from the bank.

    marcos@martinezanda.com Office tel: (561)245-4723 Website: www.martinezanda.com. The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.


  2. More information is needed. If there is only one inheritor, then she will eventually get the estate. But if someone else advanced administrative expenses, then they are entitled to repayment before distribution to the beneficiaries.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  3. I agree that more information is needed as well. I would suggest that you speak with a probate attorney regarding the matter. Additionally, Florida Statute Chapter 739 (FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT) covers most actions to disclaim interests.

    The information contained in this answer is not,nor is it intended to be, legal advice. Please consult an attorney for information related to your specific situation. Further, this answer does not form an attorney-client relationship between the attorney and the individual(s) or entity requesting information.


  4. Once the inheritor refused to accept the auto(in writing) and the cash came into the estate-the cash would be used to pay the creditors.
    The problem would be getting the inheritor to sign a final acceptance and receipt statement which will be needed to close the estate.
    This will be handled by the attorney representing the PR.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Car loan topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics