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power of attorney(trying to get car title)

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Cappy58

Junior Member
What is the name of your state (only U.S. law)? Texas
My father died a little over a year ago and my younger brother has power of attorney. He and I verbally agreed with my mother as witness that I would buy my fathers 2000 Cadillac Deville for $2000. I paid him with two money orders ($1000 each) for a total of $2000 and I have the money order reciepts but we had a falling out and he refuses to answer my calls or emails and will not send me the title to the car. I have had the car in my possession now for over a year and have it insured in my name. I have spent over $1900 in repairs on the car for which I have all the receipts. Right now the car is in need of major repairs and I am not comfortable having the repairs done and spending any more money on the car til I have a title for it. How can i get the title? do I qualify for filing a mechanics or storage lien? Will this get me a title? Or is there any other ways to get the title? I am at a loss so any help is appreciated. Thanks in advance for any responses.
 


ecmst12

Senior Member
You can't hold power of attorney for a dead person, if brother was POA that expired at the time of his death. Was there a will? Was probate opened? Was an executor appointed by the court? Were there any assets that needed to be distributed besides this car?
 

Cappy58

Junior Member
I'm sorry, I meant he was appointed executer after my fathers death as myself(i am the eldest ) and my two sisters agreed that my brother was better at organization.. the other assets were sold at an estate sale His will was never found. I am not sure what you mean by "was probate opened"
 

ecmst12

Senior Member
All assets have to go through probate before they can be distributed and put in someone else's name. If the car wasn't probated, it needs to be. What happened to the proceeds from the estate sale?
 

Cappy58

Junior Member
The monies received from the estate sale went to paying off his creditors as I assume the 2000 I paid for the car did as well. All this was done under the supervision of my brothers attorney(friend of my dads) so it was all likely probated I would think.
 

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