What can you do in North Carolina if your mother just died two months ago and her car was repossessed 3 days ago without warning?

Answer

I am very sorry to hear of your mother's passing. My mother passed a way a year ago this past June and it is never easy.

If you can show a death certificate to the car dealership, it is against the law for them to repossess the car once your mother has passed away and they will have to wait to get their money. This is why there is Probate and Probate makes sure all creditors are paid off (this includes her car) house and personal taxes, etc. If you never notified the car dealership they had no way of knowing, but they can rectify the matter.

It's best to leave this sort of thing in the hands of a lawyer.

Answer

A secured lender does not need to wait for the Probate process if the payments on the vehicle are not kept current. The same law applies if the deceased leaves a will and the vehicle has been given to someone, the person will have to either relinquish the vehicle or assume responsibility for the loan. A lender is not required to give notification of impending repossession action. What will happen is the deficit between the loan and what the car sells for can be filed in probate as a debt and will be paid or dismissed depending upon specific circumstances.

First answer by Marcy. Last edit by Macky. Contributor trust: 3585 [recommend contributor]. Question popularity: 87 [recommend question]