The next of kin should notify the lender immediately for instructions. It holds the title to the vehicle. The lender may be willing to make arrangements for an heir to take over the payments or it may take possession if no heir comes forward. It depends on the details of the particular situation.
The ESTATE is responsible.
Consult with an attorney who can review your situation and explain your options, if any.
Creditors/lenders will attempt almost anything to collect a debt. It is unlikely that a lender could place a claim against a deceased cosigner's estate and be awarded a judgment. But, there are no certainties in the murky creditor vs. debtor arena.
The spouse is not responsible and should not have this on her credit. But the estate of the deceased will still be responsible for the debt.
In most countries the state takes over the estate and distributes it to the deceased's relatives in accordance with the law. If no relatives can be found the estate becomes the property of the state.
In some states the money will go the estate of the deceased winner.
The estate is responsible for the maintenance of the property. The administrator or executor of the estate can submit a claim on behalf of the estate.
Without some other duty owed the creditor (ie: cosigner on a loan, executor of estate obligated to pay creditor out of estate assets), there is no responsibility for the sibling of the deceased to pay the debts of the deceased. Further, the executor of an estate has no personal liability to pay debts of the deceased beyond the available funds of the estate. ---- Atty. John Libertine is providing this information for research purposes only, and is not offering legal advice. Licensing information is subject to change.
She is interfering with the distribution of the estate. She can be sued.
It goes into the deceased's estate.
State probate laws will determine how the deceased's estate is distributed.
It passes to the deceased's estate upon proof of death.