If someone dies before paying off an auto loan, the loan will typically become part of the deceased's estate, which includes all of that person's assets as well as any outstanding debt. The executor of the estate is responsible for paying off these debts with the available assets.
Car loans are not forgiven at death so, if your estate can't cover the debt, the person that inherits the vehicle needs to decide whether they want to keep it. If they do want to keep the car, the inheritor can take over the auto loan payments and maintain possession of it.
Federal student loans are forgiven upon death. This also includes Parent PLUS Loans, which are forgiven if either the parent or the student dies. Private student loans, on the other hand, are not forgiven and have to be covered by the deceased's estate.
If you want to remove the deceased from the car loan, you will need to meet with the lender and present them with a valid death certificate. It is possible that if your co-signer had better credit than you did, thus improving the terms of the loan and lowering your interest rate, that your rates could shift.
In regard to your cosigner passing away, you're solely responsible for paying off the loan. When or if your grandfather dies, prepare yourself for paying the car loan off in full. Since your grandfather was only the cosigner, you're probably already used to making these payments, so you shouldn't stress.
When someone dies, the person's estate is obligated to pay off his debts. If the estate doesn't have enough money, then you, as the cosigner, are on the hook for whatever debt remains. Even if the estate has the money, the lender may be able to ask you to pay instead.
The order of the names on the title do not matter.
What happens to debts when someone dies? When someone dies, their debts become a liability on their estate. The executor of the estate, or the administrator if no will has been left, is responsible for paying any outstanding debts from the estate.
Family members, including spouses, are generally not responsible for paying off the debts of their deceased relatives. That includes credit card debts, student loans, car loans, mortgages and business loans. Instead, any outstanding debts would be paid out from the deceased person's estate.
You typically can't inherit debt from your parents unless you co-signed for the debt or applied for credit together with the person who died.
Credit life insurance can be purchased when getting a loan for a vehicle (such as a car or truck), mortgage, or unsecured debt including credit card debt. As the balance of the loan decreases, the amount of the credit life insurance decreases.
Securing Your Estate
Your beneficiaries are also only responsible for paying debts if there is signed legal documentation—i.e. a co-signer. And unless they have given consent, they are not responsible for your debt. But before they can inherit anything you leave them in your will, your creditors must be paid!
If a payment was issued after the person's death, Social Security will contact the bank to ask for the return of those funds. If the bank didn't already know about the person's death at that point, this request from Social Security will alert them that the account holder is no longer living.
In general, the final individual income tax return of a decedent is prepared and filed in the same manner as when they were alive. All income up to the date of death must be reported and all credits and deductions to which the decedent is entitled may be claimed.
Paying with the bank account of the person who died
It is sometimes possible to access the money in their account without their help. As a minimum, you'll need a copy of the death certificate, and an invoice for the funeral costs with your name on it. The bank or building society might also want proof of your identity.
Generally, the deceased person's estate is responsible for paying any unpaid debts. When a person dies, their assets pass to their estate. If there is no money or property left, then the debt generally will not be paid. Generally, no one else is required to pay the debts of someone who died.
When a bank account owner dies with assets that are insured by the Federal Deposit Insurance Corporation (FDIC), their FDIC coverage continues for six months after death.
The most painless way to remove a co-signer is to simply pay off the car loan. If the removal is due to financial strain this may not be the most practical option but paying off the loan in full will rid the responsibility of both the primary borrower and the co-signer.
To remove your name from a car loan, there are really only three paths to take – refinance, sell the car, or pay off the loan. Even if you're divorced from your co-borrower and don't drive the car anymore, you could still be held responsible for the loan unless you officially remove your name from the title.
In a cosigner situation, one borrow is the primary borrower. That's usually the person who's going to use the car, and who has the primary responsibility in paying it off.
As a general rule, unlike so many things in life, co-signing is pretty much forever. In the case of a lease, this means that the co-signer is responsible for the lease for the duration of the agreement, whether it's a six-month lease, a yearlong lease or for some other period.
If the legal heirs inherit any assets from the deceased person, they are obligated to repay the obligation. Legal heirs are solely accountable to the degree that they receive any assets from the borrower.
When they are informed of a death, most utility companies will have set processes that they follow. They will be able to delay payment requests and freeze accounts if necessary. Banks will freeze the deceased's direct debits once they are notified of the death, meaning monthly bill payments will automatically cease.