# Car loan after death in Pennsylvania

**URL:** <https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253>\
**Category:** Ask the Hackrs\
**Tags:** pa\
**Created:** [July 15, 2022, 2:50pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253 "2022-07-15T14:50:40Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![al3b3d3v](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/al3b3d3v/32/191696_2.png) [@al3b3d3v](https://forum.leasehackr.com/u/al3b3d3v)\
**Post date:** [July 15, 2022, 2:50pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/1 "2022-07-15T14:50:41Z")

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can someone who is familiar with Pennsylvania’s laws on motor vehicles(car is registered in PA) chime in on this - if a person who had the car financed not leased with Hyundai Financial passes away, and was the only person on the title as the owner - does the loan become the responsibility of the survivor, i.e. wife, kids, etc. ?

I read a few different things where it says that they would not be responsible for the loan, and then contradicting information that they are responsible, so its very confusing as we are trying to sort all of this out.

Can we stop payments on the car ?

will HFS try to go after the estate to reconcile the amount owed to them ?

If we have to keep the car and re-title/re-register the car, is it technically a new loan and we would be responsible for fees associated with that ?

Thanks

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**Author:** ![senwia](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/senwia/32/122776_2.png) [@senwia](https://forum.leasehackr.com/u/senwia)\
**Post date:** [July 15, 2022, 2:57pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/2 "2022-07-15T14:57:19Z")

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I am sorry for your loss; I don’t have the answers on this one but hope someone can chime in. I think this has come up in the past.

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**Author:** ![Supakimchee](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/supakimchee/32/140679_2.png) [@Supakimchee](https://forum.leasehackr.com/u/Supakimchee)\
**Post date:** [July 15, 2022, 2:58pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/3 "2022-07-15T14:58:25Z")

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You need to look at the loan contract. They usually go over what happens to the loan in case of death of the borrower.

But generally mortgages and auto loans are considered secured loans which means they are still owed by the estate of the deceased during probate.

If anyone co-signed the loan it would fall upon the co-signer to resume paying the loan.

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**Author:** ![Supakimchee](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/supakimchee/32/140679_2.png) [@Supakimchee](https://forum.leasehackr.com/u/Supakimchee)\
**Post date:** [July 15, 2022, 3:11pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/4 "2022-07-15T15:11:52Z")

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PA isn’t a community property estate, so as long as they’re isn’t a co-signer for the loan, the spouse is not responsible for payments. About stopping payments on the car, I would ask HFS about this directly.

Generally the car will likely end up as a probate asset. Do you guys have a probate lawyer or an executor who will settle the estate?

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**Author:** ![al3b3d3v](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/al3b3d3v/32/191696_2.png) [@al3b3d3v](https://forum.leasehackr.com/u/al3b3d3v)\
**Post date:** [July 15, 2022, 3:31pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/5 "2022-07-15T15:31:22Z")

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That’s what I also read, but I think this will end up being discussed with an estate attorney, thanks for all the feedback

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**Author:** ![EC99](https://leasehackr.b-cdn.net/letter_avatar/ec99/32/5_5575768a8748004e209b776fc1b2916d.png) [@EC99](https://forum.leasehackr.com/u/EC99)\
**Post date:** [July 15, 2022, 3:32pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/6 "2022-07-15T15:32:52Z")

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Yes, do not take the advice of internet strangers on this. You need a PA trusts and estates attorney.

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**Author:** ![Supakimchee](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/supakimchee/32/140679_2.png) [@Supakimchee](https://forum.leasehackr.com/u/Supakimchee)\
**Post date:** [July 15, 2022, 3:34pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/7 "2022-07-15T15:34:19Z")

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Yup, just get a probate lawyer to settle the estate. Most people don’t have experience settling an estate so leave it to the pros.

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**Author:** ![Qbrozen](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/qbrozen/32/40846_2.png) [@Qbrozen](https://forum.leasehackr.com/u/Qbrozen)\
**Post date:** [July 15, 2022, 3:40pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/8 "2022-07-15T15:40:59Z")

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could of course be totally different in PA, but in NJ, the debt belongs to the estate. They, of course, have a lien on the vehicle and can repo it.

In this market, though, you’ll want to check it if has positive equity. You may be far better off having the executor sell it, pay the debt, and any proceeds become part of the estate.

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**Author:** ![forbs](https://leasehackr.b-cdn.net/letter_avatar/forbs/32/5_5575768a8748004e209b776fc1b2916d.png) [@forbs](https://forum.leasehackr.com/u/forbs)\
**Post date:** [July 15, 2022, 4:23pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/9 "2022-07-15T16:23:41Z")

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> [@Qbrozen](#):
>
> In this market, though, you’ll want to check it if has positive equity. You may be far better off having the executor sell it, pay the debt, and any proceeds become part of the estate

Of course this does mean the Executor would have to make payments on the aforementioned car.  
If that car goes into default, then the executor will have a tough time trying to sell it without the Bank involved.

But everyone is saying get a Probate Attorney…this really depends on how much value is there. If it just the car (No house or stocks), then the next of kin can call the Finance arm and make arrangements.

I went through the whole process recently (in CA though) and it can take years to process stuff via attorneys

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<div class="post-metadata">

**Author:** ![al3b3d3v](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/al3b3d3v/32/191696_2.png) [@al3b3d3v](https://forum.leasehackr.com/u/al3b3d3v)\
**Post date:** [July 15, 2022, 4:39pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/10 "2022-07-15T16:39:23Z")

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The car Is at least 10k underwater with a very bad deal. If we can we will get rid of it

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**Author:** ![forbs](https://leasehackr.b-cdn.net/letter_avatar/forbs/32/5_5575768a8748004e209b776fc1b2916d.png) [@forbs](https://forum.leasehackr.com/u/forbs)\
**Post date:** [July 15, 2022, 4:45pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/11 "2022-07-15T16:45:41Z")

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Any other assets…basically the 100k rule

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<div class="post-metadata">

**Author:** ![Qbrozen](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/qbrozen/32/40846_2.png) [@Qbrozen](https://forum.leasehackr.com/u/Qbrozen)\
**Post date:** [July 15, 2022, 5:04pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/12 "2022-07-15T17:04:34Z")

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that may suck.  
See what attorney says.

When I spoke to bank about my father’s vacation trailer, they said I can surrender it, they’ll sell at auction, and the estate would be responsible for the negative balance.

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**Author:** ![MD2020](https://leasehackr.b-cdn.net/letter_avatar/md2020/32/5_5575768a8748004e209b776fc1b2916d.png) [@MD2020](https://forum.leasehackr.com/u/MD2020)\
**Post date:** [July 16, 2022, 3:41am UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/13 "2022-07-16T03:41:10Z")

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Get an attorney licensed in your state that practices in this area to look at the whole estate, not just this issue with the vehicle. You’ll get into trouble listening to some of the advice on here.

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**Author:** ![HersheySweet](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/hersheysweet/32/201247_2.png) [@HersheySweet](https://forum.leasehackr.com/u/HersheySweet)\
**Post date:** [July 16, 2022, 3:52am UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/14 "2022-07-16T03:52:37Z")

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PA trusts and estates lawyer, yesterday for this sort of stuff. They can contact Hyundai and guide you upon state law. Sorry for your loss ☹ .

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**Author:** ![Qbrozen](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/qbrozen/32/40846_2.png) [@Qbrozen](https://forum.leasehackr.com/u/Qbrozen)\
**Post date:** [July 16, 2022, 9:12am UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/15 "2022-07-16T09:12:36Z")

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> [@MD2020](#):
>
> You’ll get into trouble listening to some of the advice on here.

Every post was either “talk to a lawyer,” “keep paying loan,” or both. So which one would lead to trouble?

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**Author:** ![MD2020](https://leasehackr.b-cdn.net/letter_avatar/md2020/32/5_5575768a8748004e209b776fc1b2916d.png) [@MD2020](https://forum.leasehackr.com/u/MD2020)\
**Post date:** [July 16, 2022, 12:54pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/16 "2022-07-16T12:54:18Z")

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Reading comprehension isn’t your strength, is it?

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<div class="post-metadata">

**Author:** ![Qbrozen](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/qbrozen/32/40846_2.png) [@Qbrozen](https://forum.leasehackr.com/u/Qbrozen)\
**Post date:** [July 16, 2022, 1:09pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/17 "2022-07-16T13:09:54Z")

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Was thinking the same thing for you. Please point out the specific problem and help out the poster with your vast knowledge rather than making vague statements.

Here, I’ll help you out. This is a summary of the topic. Since you yourself said get a lawyer, then you must think “call the bank” and/or “debt owed by estate” would get the OP in trouble. Please elaborate. If you have nothing of value to add to a discussion and simply want to be contentious, there are far better places on the internet where you can find real arguments without inventing problems that aren’t there.

1. OP
2. @senwia “I don’t know”
3. @supakimchee “owed by estate”
4. @supakimchee “call bank; owed by estate; get a lawyer”
5. OP
6. @EC99 “get a lawyer”
7. @Qbrozen “owed by estate”
8. @forbs “owed by estate; call bank”
9. OP
10. @forbs … no advice given. I think it was a question(?)
11. @Qbrozen “get a lawyer”
12. @MD2020 “get a lawyer; don’t listen to others”

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<div class="post-metadata">

**Author:** ![wam22](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/wam22/32/117390_2.png) [@wam22](https://forum.leasehackr.com/u/wam22)\
**Post date:** [July 16, 2022, 2:11pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/18 "2022-07-16T14:11:57Z")

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When I worked at BMW, FS was able to terminate a few leases with a death certificate and as far as I know, there was not a remaining balance due assuming the car wasn’t damaged. Obviously could be a little different with Hyundai and financing, but could be a route your lawyer looks into.

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<div class="post-metadata">

**Author:** ![al3b3d3v](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/al3b3d3v/32/191696_2.png) [@al3b3d3v](https://forum.leasehackr.com/u/al3b3d3v)\
**Post date:** [July 16, 2022, 2:13pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/19 "2022-07-16T14:13:29Z")

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It’s a finance loan and in PA, so not sure if it’s apples to apples. In any case we will seek professional help on the matter as it’s complicated, with multiple assets in question

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**Author:** ![forbs](https://leasehackr.b-cdn.net/letter_avatar/forbs/32/5_5575768a8748004e209b776fc1b2916d.png) [@forbs](https://forum.leasehackr.com/u/forbs)\
**Post date:** [July 16, 2022, 2:26pm UTC](https://forum.leasehackr.com/t/car-loan-after-death-in-pennsylvania/425253/20 "2022-07-16T14:26:59Z")

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Oh, lots of assets, then yes I would start with a trust and estate attorney.  
If you have to open a probate that is 2 years of waiting fun

If only the car you can save a few $$$ and just talk direct, but lots of assets means the courts most likely to be involved

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