Legal Question in Wills and Trusts in Florida

Had power of attorney when brother was alive ,can I sell vehicle now that he died


Asked on 2/07/14, 11:10 am

4 Answers from Attorneys

Joseph Justice The Justice Law Firm

No. A power of attorney does not continue after death.

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Answered on 2/07/14, 11:13 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

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.

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Answered on 2/07/14, 11:18 am
Joseph Pippen Law Office of Joseph Pippen & Associates

Sorry-the POA was void at death.

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Answered on 2/07/14, 2:54 pm

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.

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Answered on 2/09/14, 10:00 am


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