Will leaves vehicle with a loan to son, can he have vehicle immediately?

Asked almost 5 years ago - Crosslake, MN

I am listed as PR of my dads estate in MN. Dad had two vehicles, one paid and one with a loan with 6,000 left to pay on it. He wrote in his will that the one with the loan left was to be given to my brother. Brother has made all previous payments and uses the vehicle. Is the the estate responsible to pay off the loan, or can the vehicle be given to the brother w/the loan? Brother has poor credit rating and collections against him - could not get his own loan so dad signed the loan. Dad left very little in his savings (which is a joint acct. with myself). Thanks for any help.

Attorney answers (2)

  1. Hannon Taylor Ford

    Contributor Level 11


    Best Answer
    chosen by asker

    Answered . In MN, the gift to your brother of the vehicle will depend on how the Will is written and if it is in the personal property memorandum. It may be that the loan will be paid off by the estate and possible that it is not and goes with the gift as mentioned in the previous post. You should take the will to an estate planning attorney near you to get your real answer (Perhaps the attorney that helped you get appointed as PR). Best wishes.

  2. Theodore W. Robinson

    Contributor Level 20

    Answered . Unless the will said your brother was to get the vehicle with the loan paid off, then he gets it with whatever loan it has on it at present. He can keep it as long as he pays the loan off on time as nobody will know your Dad died as long as the loan gets paid.

    Good luck.

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