P.O.A.

[Sinamenone]

What is the name of your state? PA
Hi my sister passed last April in Philadelphia. She didn't have a will. I want to know how to become P.O.A. because she has a 2020 Camry Im making payments on. Is transferring the title to me enough? Thanks in advance

 

[Ohiogal]

What is the name of your state? PA
Hi my sister passed last April in Philadelphia. She didn't have a will. I want to know how to become P.O.A. because she has a 2020 Camry Im making payments on. Is transferring the title to me enough? Thanks in advance

You cannot become POA of a dead person. You can't keep her car just because you want to do so. You can't transfer title to yourself. You would need to open probate and have her estate probated intestate. What other relatives does your sister have who are alive? Parents? Spouse? Children?

 

[adjusterjack]

my sister passed last April in Philadelphia. She didn't have a will.

That's called intestacy.

Here's a link to the PA intestacy statute.

Chapter 21. - Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

Last April? That's 6 months.

What's been done with her debts, funeral expenses, property, bank accounts, investments, etc, since then?

 

[Sinamenone]

You cannot become POA of a dead person. You can't keep her car just because you want to do so. You can't transfer title to yourself. You would need to open probate and have her estate probated intestate. What other relatives does your sister have who are alive? Parents? Spouse? Children?

Oh OK thx I didn't know. Toyota sent paperwork to transfer the car to me. My sister has a son who doesn't drive.

 

[Ohiogal]

Oh OK thx I didn't know. Toyota sent paperwork to transfer the car to me. My sister has a son who doesn't drive.

Her son -- if no spouse and no will --- inherits EVERYTHING. He also has to settle all debts. Which means the car may have to be sold to pay said debts. Which means YOU are entitled to nothing without a will. How old is the son?

 

[Sinamenone]

Her son -- if no spouse and no will --- inherits EVERYTHING. He also has to settle all debts. Which means the car may have to be sold to pay said debts. Which means YOU are entitled to nothing without a will. How old is the son?

He's 26...she had no spouse & no will.
As far as debts, we notified everyone & they all told us to send a copy of her death certificate & they were satisfied with that.
The car is a 2020. Toyota sent me a affidavit of successor to small estate & hold harmless agreement (retail installment account) as well as a credit application to fill out & return to them, which I'm filling out now.

 

[Zigner]

He's 26...she had no spouse & no will.
As far as debts, we notified everyone & they all told us to send a copy of her death certificate & they were satisfied with that.
The car is a 2020. Toyota sent me a affidavit of successor to small estate & hold harmless agreement (retail installment account) as well as a credit application to fill out & return to them, which I'm filling out now.

You are NOT the successor to the small estate unless her son says you are.

 

[AlmostThere]

He's 26...she had no spouse & no will.
As far as debts, we notified everyone & they all told us to send a copy of her death certificate & they were satisfied with that.
The car is a 2020. Toyota sent me a affidavit of successor to small estate & hold harmless agreement (retail installment account) as well as a credit application to fill out & return to them, which I'm filling out now.

Instead of making a mess of things by stealing the car from the estate, why don't you ask your nephew to distribute it to you as part of the estate?+

 

[AlmostThere]

Instead of making a mess of things by stealing the car from the estate, why don't you ask your nephew to distribute it to you as part of settling the estate?

Toyota Financial is happy to have someone else sign off on taking over the loan - a 2020 car is likely underwater and if the estate is insolvent, they will lose money. But that does not give you the right to take ownership of the car from the estate.

 

[Ohiogal]

He's 26...she had no spouse & no will.
As far as debts, we notified everyone & they all told us to send a copy of her death certificate & they were satisfied with that.
The car is a 2020. Toyota sent me a affidavit of successor to small estate & hold harmless agreement (retail installment account) as well as a credit application to fill out & return to them, which I'm filling out now.

HE IS HER ONLY HEIR! You are nothing legally. Filling out the affidavit of successor means you are committing fraud because you are NOT the successor.

Like Zigner said.

 

[LdiJ]

Guys and Gals. It is a 2020 Toyota and the OP is making the payments. It is highly unlikely to be an asset of the estate at all. It is just a debt of the estate as it's almost guaranteed to be under water. If the son is the heir and chooses to allow the OP to take over the car, (and Toyota financing allows it too)that is not fraud.

 

[Zigner]

If the son is the heir and chooses to allow the OP to take over the car, (and Toyota financing allows it too)that is not fraud.

Right - that's what I (we) said.

 

[LdiJ]

Right - that's what I (we) said.

Not all of us said that.

 

[Ohiogal]

Guys and Gals. It is a 2020 Toyota and the OP is making the payments. It is highly unlikely to be an asset of the estate at all. It is just a debt of the estate as it's almost guaranteed to be under water. If the son is the heir and chooses to allow the OP to take over the car, (and Toyota financing allows it too)that is not fraud.

The son has to fill out the successor forms. SHE CANNOT DO SO. If she does so, that is fraud. No one is saying she may not be allowed to keep the Toyota.

 

[Sinamenone]

OK so he doesn’t drive. If he fills the forms, how will I get to put the car in my name? He can't afford the payments or Insurance.