Legal Question in Wills and Trusts in Florida
Had power of attorney when brother was alive ,can I sell vehicle now that he died
4 Answers from Attorneys
No. A power of attorney does not continue after death.
POA does not survive death of brother. If brother was married his wife can obtain vehicle in her name through DMV. If not, then Estate likely needs to be probated to clear title.
Sorry-the POA was void at death.
As the previous answers mention, the POA becomes void at the time of death. If there is a will, the Personal Representative named in the will should begin probate proceedings and distribute the property according to the will and probate law. If there is no will, someone will need to file a Petition to be Personal Representative and administer the estate pursuant to probate intestacy (without a will) laws.