Legal Question in Wills and Trusts in California
My Dad just died and before he died he wanted us kids to to sell his van and split the money between his 4 children, however, the bank is telling us that we cant sell the van because we dont own the vehicle, so we will have to give the van back to the bank. My question is I have power of attorney and wanted to know does that give me the legal right to sell it on his behalf?
1 Answer from Attorneys
No. When your father died the authority conferred by the power of attorney ceased. However, so long as your father had little other property, you should be able to take a certified copy of his death certificate to the DMV and as long as all of the siblings agree one of you can have the DMV transfer title into your name, which will then give one of you the right to sell it. Keep in mind, however, that if your father owes a bank money for the van, you will have to pay that loan off before you can take any of the proceeds of the sale.
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