Q: Father died had power of attorney who wants living heir to sign off on car title. Does the heir have rights to said car
My father passed and has his best friend as power of attorney. He has a car that is paid off and the POA wants me to sign off on the title, to allow him to sell it, so he does not have to go through probate. Do I as the heir have any rights to the vehicle? I would like to sell it and setup up college fund for my son, which my father passed while in the process of doing.
I believe the individual that was the POA, is the executor of the will / estate, as well. There was very little my father had, aside from some family heirlooms, furniture and his car. I would like to know if executor of the will wants me to sign off so he can sell the car, then I should have some rights to said vehicle...otherwise why would I need to sign off on anything? I feel like he is trying to get the money from the car to get reimbursed on some of his expenses in helping facilitate the "estate", which was nominal at best. Certainly not to the tune of a $15-$20k car...
A: I am sorry for the passing of your father. A POA ceases to exist upon a person's death.
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A:
There is no "Transfer on Death Title" in Texas yet. A POA dies with the person.
No one can truly "avoid probate." But if your father's estate was less than $50,000 and he did not leave a Will an Affidavit of Small Estate can be filed with the probate court. This is relatively inexpensive.
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