[thereisnohello]

A friend bought a car for me under his name and I was making the loan payments. I am not a co-signer or anywhere on any document. He went back to his native country for treatment for an illness but died there several months ago. An issue came up recently and they are not accepting my loan payments but I can't clear them up since I am not the account holder. Would like to transfer the car to my name but I have bad credit and no idea how to do so. Any advice would be greatly appreciated.

[ebaines]

It's not your car, so you can't simply have the title transferred to you. The car is now part of your friend's estate, and property in the estate should be distributed by the executor of the estate in accordance with your friends will, if he had one. If he had no will then property transfers to heirs in accordance with state law, which most likely means ownership of the car will be transferred to his spouse, or children, or parents, or siblings. One possible way out would be for you to make an offer to the executor to purchase the car from the estate, but that would be appropriate only if you paid fair market value for the car.

[catonsville]

It's not your car, so you can't simply have the title transferred to you. The car is now part of your friend's estate, and property in the estate should be distributed by the executor of the estate in accordance with your friends will, if he had one. If he had no will then property transfers to heirs in accordance with state law, which most likely means ownership of the car will be transferred to his spouse, or children, or parents, or siblings. One possible way out would be for you to make an offer to the executor to purchase the car from the estate, but that would be appropriate only if you paid fair market value for the car.

Wouldn't this person also be able to file a claim against the estate? If they have proof of payments on said vehicle?

[ebaines]

Wouldn't this person also be able to file a claim against the estate? If they have proof of payments on said vehicle?

Perhaps, though it's not clear what documents he might have that prove the arrangement or his friend's intent to transfer ownership upon his death. And I bet before this gets too far the loan company will likely reposess the car, given that they haven't accepted his payments.

[AK lawyer]

It's not your car, so you can't simply have the title transferred to you. The car is now part of your friend's estate, and property in the estate should be distributed by the executor of the estate .... One possible way out would be for you to make an offer to the executor to purchase the car from the estate, ...

Yes, but I'm betting that a probate estate hasn't been established for the OP's departed friend. Somebody would have to apply to court for that to happen; it isn't automatic. And, furthermore, if he decedent wasn't domiciled in a US state, it might be appropriate that the probate happen in his homeland.

I would start by asking the loan company what, at the minimum they need. I'm thinking a death certificate, and affidavit that OP had an agreement with the decedent (as described), and that there is no PR.

[catonsville]

It is kind of weird that the loan company, if they were accepting payments from the OP, why would they walk away from the money? Not enough facts so far.

[ScottGem]

I suspect the OP was paying her friend, not directly to the lender. Either that or maybe the estate was processed and the executor contacted the lender.