Legal Question in Civil Litigation in Missouri

Property

I was made sole general power of attorney before my mother passed away. The title to her car had her name & my brother as POD. I took the title to the DMV & signed it over with moms name by me POA. I received a title. Meanwhile, my mom passed away & my brother applied for a lost title & was awarded the vehicle. My question is why was my power of attorney not valid for that transaction.


Asked on 6/04/09, 8:23 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Property

A power of attorney, whether durable to incpacity or not, terminates at the moment of notice of death.

In plain english, you lost the power to act on your mother's behalf when you and others found out she passed away. The title had not b een recorded before she passed, so you no longer had the power to transfer title after she passed, depsite when you actually signed the document.

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Answered on 6/08/09, 12:27 pm


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