Anybody ever sell a car with a power of attorney?

[Don65]

Trying to help my mom out with the sale of a car, her friend passed away and she has the power of attorney, she is in charge of getting rid of his assets and one of them is his car, she is 85 years old and not up on the latest laws about this, she is hoping to just take the car to CarMax and be done with it, but I told her that it might be an issue as the title is not in her name. anybody ever gone thru this?

 

[gqchris]

Trying to help my mom out with the sale of a car, her friend passed away and she has the power of attorney, she is in charge of getting rid of his assets and one of them is his car, she is 85 years old and not up on the latest laws about this, she is hoping to just take the car to CarMax and be done with it, but I told her that it might be an issue as the title is not in her name. anybody ever gone thru this?

Post up the car here. Give us a shot at it first. Sorry about your moms loss.

Should be no issue though, just a few more DMV forms to fill out.

 

[4Waters]

Trying to help my mom out with the sale of a car, her friend passed away and she has the power of attorney, she is in charge of getting rid of his assets and one of them is his car, she is 85 years old and not up on the latest laws about this, she is hoping to just take the car to CarMax and be done with it, but I told her that it might be an issue as the title is not in her name. anybody ever gone thru this?

@RitcheyRch Might he able to help as he had to sell some of his dad's stuff with a POA

 

[RitcheyRch]

@RitcheyRch Might he able to help as he had to sell some of his dad's stuff with a POA

A Power of Attorney is null and void after someone passes away. I sold my Dad's Dodge Challenger to givemethevin.com with a POA but my dad was still alive at the time.


EDIT: Upon the date of the principal's death, any power of attorney is immediately terminated. It is common for people to mistake a power of attorney for a trust that survives death. In California, there are several different types of powers of attorney you can draft.

What Happens with a Durable Power of Attorney After Death

Want to know what happens with a power of attorney after the principal dies? Learn more about POA validity after death by reading our article on this topic.

powerofattorneycalifornia.net

 

[oldman]

No, we just forged the name like most people do.

 

[stillhustlin]

I’ve bought a few boats from people that have passed away and every time I’ve had to provide a death certificate to the dmv. I want to say the executer for their estate was listed on the death certificate. This could get more complicated if probate is involved.

 

[Ace in the Hole]

Trying to help my mom out with the sale of a car, her friend passed away and she has the power of attorney, she is in charge of getting rid of his assets and one of them is his car, she is 85 years old and not up on the latest laws about this, she is hoping to just take the car to CarMax and be done with it, but I told her that it might be an issue as the title is not in her name. anybody ever gone thru this?

you need a document listing her as the executor of the estate

It’s easier to go down and have the title switched ahead of time to the executor and then be able to sign off on them. Power of attorney died the day the person died it doesn’t extend in death.

 

[mjc]

No, we just forged the name like most people do.

This and don't tell anybody they are dead yet.

 

[oldman]

This and don't tell anybody they are dead yet.

I've bought more shit out of guys yards without proper paperwork, and somehow I always seem to get a signature. I must be a lucky guy

 

[ChumpChange]

Trying to help my mom out with the sale of a car, her friend passed away and she has the power of attorney, she is in charge of getting rid of his assets and one of them is his car, she is 85 years old and not up on the latest laws about this, she is hoping to just take the car to CarMax and be done with it, but I told her that it might be an issue as the title is not in her name. anybody ever gone thru this?

Maybe he signed the title before he passed away. I know plenty of people who keep open titles even after purchasing a car.

So what kind of car is it?

 

[lbhsbz]

Trying to help my mom out with the sale of a car, her friend passed away and she has the power of attorney, she is in charge of getting rid of his assets and one of them is his car, she is 85 years old and not up on the latest laws about this, she is hoping to just take the car to CarMax and be done with it, but I told her that it might be an issue as the title is not in her name. anybody ever gone thru this?

Sell it to yourself first as a gift, then once you have a clean title in your name, take it to Carmax or do whatever you'd like.

 

[oldman]

I've got a story but It's still a very fluid situation, Dementia and power of attorney. When it's appropriate and not.

 

[boatpi]

All your mom needs is the death certificate and a doc showing she has permission to sell her assets
. I did this for my parents. The DMV has a form, I used AAA, simple.

 

[oldman]

So I have a buddy that has since passed away, back in the day he was going through a brutal divorce, Back before the divorce his wife bought him a new pick up. well he never did add himself to any of the paperwork so it was only in her name.

One of the many things she pulled was calling the bank and had the truck repo'ed out of our work yard. He called and tried to get her to relent but no way. She was out to screw him, well low and behold at the 11th hr, My wife forged her name on the paperwork getting his truck back.

She never put the puzzle together and was mad as hell.

 

[Melloyellovector]

Easiest way, sign his name and back date pre death. Change to your name and sell how ever you want. otherwise need death cert, executer privilege etc…

 

[Desert Whaler]

AAA sure makes things simple.
I was there today transferring Pops boat, trailer, and truck titles into my name.
It was only $15 per title ( a little more for the trailer since I wanted a physical title).
I filled out a tax exemption form since he 'gifted' them which worked out great.
This saved a bunch of paperwork / fee's & headaches when the day comes, especially if they go into a 40 day probate.

 

[PaPaG]

Trying to help my mom out with the sale of a car, her friend passed away and she has the power of attorney, she is in charge of getting rid of his assets and one of them is his car, she is 85 years old and not up on the latest laws about this, she is hoping to just take the car to CarMax and be done with it, but I told her that it might be an issue as the title is not in her name. anybody ever gone thru this?

Not sure about CarMax but Carvana has you sign a power of Attorney and they do all the work, I think your Mom should easily be able to sign it over.

 

[DLC]

Trying to help my mom out with the sale of a car, her friend passed away and she has the power of attorney, she is in charge of getting rid of his assets and one of them is his car, she is 85 years old and not up on the latest laws about this, she is hoping to just take the car to CarMax and be done with it, but I told her that it might be an issue as the title is not in her name. anybody ever gone thru this?

POA is only valid while the person is alive ….

Once the death cert hits all Data bases … the POA is also dead !

Once dead it falls into Will . Trust . Probate….

Unless the title was signed before they passed

 

[DLC]

Be careful….

Your mom can be committing fraud by selling w/ a POA and the death certificate is dated prior to the car sell date….

Will anyone protest the sale ….

Unless it was signed prior to the death

 

[DLC]

Maybe he signed the title before he passed away. I know plenty of people who keep open titles even after purchasing a car.

So what kind of car is it?

Old Mercedes …. Junker…

Nothing fancy ..1956 gull wing 300sl