Legal Question in Credit and Debt Law in Michigan

My brother just passed away in Florida. He has a car loan. My sister and I flew here to bring his remains and few possessions back to Ohio for a Memorial Service. If we drive everything back to Ohio then turn his vehicle into the national car company who holds the loan will that cause difficulty? Our brother has no heirs.

Asked on 2/27/17, 7:24 am

1 Answer from Attorneys

Thomas R. Morris Silverman & Morris, P.L.L.C.

Your brother does have heirs, probably you and your sister, or your parents if they are alive, assuming that your brother left no widow. But what you perhaps mean is that he has few assets and no will. I see no basis for liability on your part for the auto loan, but apparently you propose to drive the vehicle that is subject to the loan. Were you to damage the vehicle, the lender might have a claim against you for damage to its collateral. Other than that, I don't see a basis for you to be personally liable for the auto loan.

This answer is for discussion purposes only.

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Answered on 2/27/17, 7:34 am

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