What is the name of your state? California
Hi. I'm not sure which forum this belongs in, but I am interested in buying a car from the son of the owner of the car. It just so happens that the owner passed away recently. I need to know what paperwork I need to do this transaction as smoothly and as safely as possible.
I called the DMV and asked them what I need, and they said that the title was a legal binding document, and that all the DMV would need is for the person who has the authority to sign for the deceased to sign the deceased party's name, and under that, in parenthesis, put "deceased". Then under that, sign their own name, and then put "Power of Attorney" (or whatever title they have that gives them the power to sell the deceased's belongings) under their name.
I am not comfortable with that. I need more documentation and proof than that.
I assume that I need the following:
A copy of the death certificate
A copy of the power of attorney (if that's the title of the person that has the authority to sell the car of the deceased)
Thing is, someone told me that Power of Attorney is only for when the person is alive. The son says that since it did not go to probate, and since it is past 41 days, that he is able to sell it because it is part of the trust. I said that I would need paperwork proving that he has the authority to sell items that are part of the deceased's trust. He said he didn't really have that.
Is there such a thing? There has to be. How can people not document who has the authority to sell things in the trust of someone who has just past. That just does not make sense to me.
Please advise what paperwork I need so that I am completely covered in this transaction.
TIA
Hi. I'm not sure which forum this belongs in, but I am interested in buying a car from the son of the owner of the car. It just so happens that the owner passed away recently. I need to know what paperwork I need to do this transaction as smoothly and as safely as possible.
I called the DMV and asked them what I need, and they said that the title was a legal binding document, and that all the DMV would need is for the person who has the authority to sign for the deceased to sign the deceased party's name, and under that, in parenthesis, put "deceased". Then under that, sign their own name, and then put "Power of Attorney" (or whatever title they have that gives them the power to sell the deceased's belongings) under their name.
I am not comfortable with that. I need more documentation and proof than that.
I assume that I need the following:
A copy of the death certificate
A copy of the power of attorney (if that's the title of the person that has the authority to sell the car of the deceased)
Thing is, someone told me that Power of Attorney is only for when the person is alive. The son says that since it did not go to probate, and since it is past 41 days, that he is able to sell it because it is part of the trust. I said that I would need paperwork proving that he has the authority to sell items that are part of the deceased's trust. He said he didn't really have that.
Is there such a thing? There has to be. How can people not document who has the authority to sell things in the trust of someone who has just past. That just does not make sense to me.
Please advise what paperwork I need so that I am completely covered in this transaction.
TIA