questions & answers

Question: Before my husband died in 2007 we took out a loan with citi financial. Our 2004 truck was used as collateral.My husband was the primary signer. I paid on this loan as long as I could but stopped 4 years ago. The truck was never repossessed and still sits in my yard. I contacted Citi as I was willing to give up the truck. They told me I had to send them a death certificate. But if they had repossessed it they would just come pick it up. They also said to get the title back I would need to send them an estate administrator document. According to the probate judge this would cost about $1,000. I cannot afford that. will I be able to ever get the title back?

Answer: Based on the facts submitted, it isn’t possible to provide meaningful answers to all the potential legal issues. However, with respect to whether a vehicle title can be obtained, the straightforward explanation is that the vehicle loan must be paid-off (to the lender) before they will release the title to the borrower or his “estate” if he is deceased. Typically, at someone’s death, everything they own is subject to “probate” proceedings in the county court. This website has extensive information to guide someone beginning the probate process and to potential legal assistance. Arizona probate law can be found online (A.R.S. Title 14), self help: https://www.azcourts.gov/probate. Your county court staff should be able to assist you, as well.