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Brother sold car.

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JMR

Junior Member
What is the name of your state? Georgia
Father's DOD 1/7/07. No valid will. Mother is now in nursing home. Mentally competent but failing health. Everyone is only trying to be helpful but doing a little too much, too quick. I'm the one of five children who holds the best business experience, time and property familiarity to file a petition for letters of administration. Brother sold father's 1994 vehicle, trying to help out (we had mentioned that being something we were ready to do). That was before I found out the Power of Attorney we had became invalid upon my father's death. Never realized that???!! Anyway, problem is - what do we do now? Vehicle is titled in father's name. We won't be able to sign the title over. Unless the tag office accepts the POA as still valid. Some banks and others are still using it. No one has refused it. I just heard that POA's are invalid at death. How to I handle the vehicle sale? Will the full execution of documents have to be put on hold until the probate matters assign administrator and then I can handle the sale? Thanks for you response.What is the name of your state?
 


justalayman

Senior Member
the banks and whomever else that accepted the POA as still valid probasbly did not realize your father had passed and as such, still accepted the POA.

Those transactions are not valid and the POA can be held accountable for them to the estate of the deceased.

You simply cannot sell the car until/unless you recieve authirity from the courts to act as administrator.

Georgia Intestate Succession Laws
If any part of a Georgia decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally considered first when distributing assets from the intestate estate. The amount a surviving spouse is entitled to, however, varies as follows:

If there is no surviving child or other descendant of the decedent, the surviving spouse gets the entire intestate estate.
If the decedent is survived by a child or other descendant, the surviving spouse is entitled to a minimum of one-third of the intestate estate. Otherwise, the surviving spouse is entitled to an equal share with the decedent's children, with the descendants of any child that predeceases the decedent (e.g., surviving grandkids) splitting the predeceased child's share.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order as follows to:

Decedent's children equally, with descendants of any deceased child splitting their parent's share.
Decedent's parent or parents equally.
Decedent's siblings, with descendants of any deceased sibling splitting their parent's share.
Decedent's surviving grandparents equally.
Decedent's aunts and uncles, with descendants of any deceased aunt or uncle splitting their share.
More remote degrees of kinship are determined by counting the number of steps in the chain from the relative to the closest common ancestor of the relative and the decedent, and the number of steps in the chain from the common ancestor to the decedent. The sum of the steps in the two chains is the degree of kinship, and surviving relatives with the lowest sum are considered to be in the nearest degree and will share the estate equally.
3. State of Georgia. If there is no taker under any of the above provisions, the intestate estate reverts (escheats) to the state of Georgia.

Georgia Intestate Succession Law Fun Facts

Children of any common parent are treated equally, whether or not they are related by the whole-blood or by the half-blood.
Decedent's children conceived before the decedent's death, but born thereafter, inherit decedent's intestate property as if they had been born during decedent's lifetime (provided they survive at least 120 hours after birth).
On a related note, an interesting twist on the above provision is a Georgia law recognizing the ability of children conceived by artificial insemination to claim a share of the intestate estate. In theory, as long as there is a fertilized egg in a freezer somewhere, an heir can always be thawed out if needed to claim the estate.
Evildoers take note! Any person who intentionally and feloniously kills or conspires to kill the decedent cannot inherit any of decedent's assets. The murderer is treated as if he or she had predeceased the murdered decedent, therefore being entitled to nothing (except some jail time). Felonious and intentional killing refers to the crimes of murder, felony murder, and voluntary manslaughter under Georgia's criminal laws.
Georgia's intestate succession laws, as well as other related laws, can be found in Title 53 of the Official Code of Georgia
 

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