My father passed away recently. Before he passed my husband and I paid off his vehicle and received the title but never got it transferred into our names. Now the DMV is making me sign an" affidavit for collection of personal property pursuant to small estate proceeding". It would list me as the successor to the deceased but I am hesitant to sign because of all my dads outstanding debt. If I sign would I be liable for any of his debt? He has no estate or will or anything of value, except the car that I paid for. Do I have any claim to the car?
2 Answers from Attorneys
You are just documenting the prior transaction by signing the affidavit and getting a new title for the vehicle. That would not make you liable for his debts assuming that you can demonstrate that you paid for the vehicle prior to his death. On the other hand if the vehicle was part of his estate, it would be subject to being sold and the money used to paid estate expenses. Children in Colorado are not personally liable for the expenses of their parents. You should not promise to pay any of his debts without legal advice. You should not use his assets to pay his debts without legal advice because there is a strict priority of expenses and debts that must be paid with estate assets.
You can sign the Affidavit and take it to DMV.
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