Pine Lake, GA Estate Planning Law Firms & Lawyers

Please accept my condolences on the loss of your mother. The answer is maybe. If the bank thinks you meet their credit standards and that the car is worth more than your mother owed on it, and if you will become the owner of the car under your mother's Will, then they may let you refinance it. You might also be able to get a loan from another lender and buy the car out of the estate. Be very careful if you are the executor or administrator that you properly carry out all of the estate administration, however: if there is any equity in the car and your mother has other debts, then those other debts may need to be paid even if you have to sell the car (to yourself or someone else) to get access to the equity in the car. If you will be handling the estate, please consider having an attorney help guide you through the process.  

Personal property disappearing between death and the court appointment of someone to settle the estate (even the person named as executor in a Will must receive a court appointment to act) is a widespread property. While dad is alive, only his agent named in a Durable Power of Attorney can take action.

Your father's estate could sue her claiming the she used undue influence. You would have to establish that when he made the beneficiary designation, that your father was not of right mind.