my dad had nothing

[VickiM]

In California
My Dad died 6/29/01 unexpectedly. The only asset he has is a vehicle worth less than $1,000. There is no will. In 6/00 he signed a Uniform Statutory Form Power of Attorney giving me all powers. We want to sell his vehicle to help pay for the funeral. My sister and I are in agreement. He owes the IRS and a small amount to State Disability. Can we use the Power of Attorney to sell the vehicle? How long do we have to wait before we sell? Do we have to go through probate?

 

[advisor10]

JULY 25, 2001

DEAR VICKIM:

Yes, you will still need to go through probate to get his estate processed through an "administration of the estate". You (or whoever files) will receive papers authorizing you to serve as "Personal Administrator" to perform the same functions as an executor would, claiming all assets, paying debts, taxes, etc.

You would really need to speak specifically to a local California probate attorney to find out if there is a simplified procedure that applies in your situation, and also post your question on the website http://www.lawguru.com where it is more likely that a California attorney would see it and respond.

The power of attorney you have is not good enough to perform what you want to do now, since it expired the day your dad died.

Seems like the funeral expense is a priority, but how much does he owe the IRS? Please try to get that paid as soon as possible, since penalties make that amount grow a little larger the longer it remains unpaid.

SINCERELY,

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