No Power of Attorney and Mother wants to see Dad's car

[kushiebear]

What is the name of your state? NC

My father passed away suddenly. My mother wants to sell his car, but the title is only in his name. My father didn't have a Power of Attorney or a Will. What can we do? DMV is requesting a Power of Attorney. We do have a death certificate that shows my mother as his wife at time of death. Please help, we have someone who wants to buy the car.

 

[BlondiePB]

What is the name of your state? NC

My father passed away suddenly. My mother wants to sell his car, but the title is only in his name. My father didn't have a Power of Attorney or a Will. What can we do? DMV is requesting a Power of Attorney. We do have a death certificate that shows my mother as his wife at time of death. Please help, we have someone who wants to buy the car.

Open probate.

 

[colourfastt]

Open probate.

To expand on this. A Power of Attorney ends at the death of the principal, so it would do you no good. What you need to do is open an intestate probate. The court will then give you the necessary paperwork to sell the vehicle (and settle the other debts of the estate). Remember ... when someone dies, the property doesn't become yours automatically if it's an intestate estate (yes people!! we all know how to get around probate and transfer immediately).

 

[BlondiePB]

To expand on this. A Power of Attorney ends at the death of the principal, so it would do you no good.

Okay, Swami, where EXACTLY did the OP state that the deceased GRANTED a POA?

(yes people!! we all know how to get around probate and transfer immediately)

We ALL know how to committ fraud? Speak for yourself.

 

[colourfastt]

Okay, Swami, where EXACTLY did the OP state that the deceased GRANTED a POA?

The OP stated that DMV wanted one to transfer the vehicle. So there.

We ALL know how to committ fraud? Speak for yourself.

I won't go into all the ways ... POD, JTWROS, etc.



LOL

 

[BlondiePB]

The OP stated that DMV wanted one to transfer the vehicle. So there.

Sorry, Swami, that's NOT the question I asked.

I won't go into all the ways ... POD, JTWROS, etc.



LOL

Wow....all know about these ways?? That's news to me.

Do you know how/under what circumstances a decedent's car, titled in decedent's name only, does not have to be probated? If so, please tell us all.

 

[msiron]

My FIL died and his name only was on on one of the vehicles, his wife called the RMV and they sent a form that needed to be filled out and sent back along with a copy of the death cert.,... and that was it. No probate bull etc...

 

[BlondiePB]

My FIL died and his name only was on on one of the vehicles, his wife called the RMV and they sent a form that needed to be filled out and sent back along with a copy of the death cert.,... and that was it. No probate bull etc...

This situation is dependent on various factors. Every time I ask Swami something very specific and/or to back up what he states to a poster with a source/citation, Swami never does.