Can I drive my deceased dad's car briefly (but long distance) before telling dealership so they can take it back? ?

Question

My dad died overnight from a bacterial infection. I live in California, he lived in Missouri. I am 26 years old, my 13 year old brother lived with him in Missouri and it was my dad's, and is my and my brother's wish, for me to get custody and have him come live with me in California. 
THIS question is referring to: If I fly out to Missouri, can I *get away with* packing up my brother and his things in my dad's car, drive the car to California, and then notify the dealership he has a loan with that my dad died so they can do what they want with the car?
It is a fairly new car so the loan my father has would be more than the car's worth and I do not want to make payments, but I can't afford the $800 for a rental car one way several days across country.

I know there are other factors and such - I just want to know if there is a way I can do this and not get in trouble.
So my grandpa, father's dad, is on my father's insurance and he can't drive it out, but can we get away with saying he drove it to california a week ago and then because of his health he had to fly back to Missouri? And then have my grandpa call the people that my dad has the car loan with and tell them he died and that the car is in california? And not mention me or my address or phone number? And I can leave the car somewhere it won't get towed? Can I swing this? Any other suggestions?

StephenWeinstein · Answer

No.  Or actually yes, but not in the way that you meant.  You need to talk to a lawyer before you do anything.

Here's why the answer to no:

1. It's not your car and you don't have permission from the owner, so you'd be stealing it.

2. You aren't on the insurance.

3. A loan can't be ended simply by telling the dealership to pick up the car. The money is still owed. Nobody can inherit anything from him until his debts are paid. The lender doesn't just get the car -- they get his bank accounts or whatever else it takes to repay them in full, even if that means that no one in the family gets anything.

Here's why the answer is actually yes, but not in the way that you meant:

1. When one parent dies, the other parent (the one who is still alive) usually gets custody, not the person whom the dead parent wanted.  The wishes of those whom you mention don't really matter.  If the mother is alive, custody would almost certainly go to her, unless she refuses or there is some reason that she can't get custody.  You might be able to go to court and get a judge to award you custody, but it's not easy or simple, and it's definitely not based simply on wishes.  This can be a lengthy and expensive legal battle, especially if the mother wants custody, and certainly won't be resolved before the next car payment is due.

2. For taking a child from one state to another without having permission from a parent who is alive and without having been officially awarded custody in court, you could go to prison for many years.  Even you don't go to prison, it could keep you from getting custody.

If you take both the child and the car, then you might go to the same prison as you would have gone to if you had taken only the child (and not the car).  In that sense, you get away with taking the car.  You might be sentenced to stay there longer than if you had taken only the car, but you also might die there, so the outcome is the same: prison for as long as you can stay alive in prison, then death.  This probably wasn't want you meant.

? · Answer

Try this.  Who is the executor of the estate?  What are the terms of the loan regarding who owns the car now that the loan agreement is terminated by the death of your father?  Was there a death benefit attached to the car loan? The executor needs to determine who owns the car now.  Get the owner's permission. Anything else is car theft.

Matthew · Answer

You don't have to tell the company anything just tell them my dad loaned me the car a month ago and he died the other day and I'm in California does my dad have credit life insurance on the car? Some companies do have credit life on the car so that if your father dies the loan gets paid off you might be the owner of the car and not even know it but if they say no ask them what do I do with the car.

Kelley · Answer

Immediately speak to your dad's financial lender for the car.  Ask if they can work out a payment plan that you can afford

The perfect egg bite · Answer

Ditching the car makes it look as if you did something shady.  I have no idea what could be illegal about this, but I would just call them and have them get it from my place.  Oh, I would definitely do it.  They can sell it in CA to another dealer so I doubt they would be really upset.

Can I drive my deceased dad's car briefly (but long distance) before telling dealership so they can take it back? ?

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