Can the bank take back a car from the estate while it’s still in probate?

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Can the bank take back a car from the estate while it’s still in probate?

The bank is saying they are going to repossess the car my Uncle was making payments on before his death. He was up to date with payments until his sudden death. The estate is in probate and the family would like to sell the car and pay off the bank as opposed to them taking it and auctioning it off. Can they take it while everything is still in probate. It has only been 3 months to the day of his death.

Asked on August 8, 2012 under Estate Planning, New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The estate has to pay the bills of the estate while it is in probate.  So the Executor or Personal Representative should call the company and discuss a plan so that they do not repo the car.  He or she can indeed sell it and pay the loan but you need to act quickly here.  Good luck.


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