Q: How do I get my mom's truck when both mother and stepfather have passed away and a friend of his has power of attorney
The truck was my moms registered in her name until after she passed when my stepdad said it goes to me when he buys new truck which he never did before he recently passed away. His friend is claiming he has power of attorney over his stuff even though most was my moms. He made me out to be the bad person with everybody so he is refusing to give me any of my moms stuff or her truck. It's nothing with value to it it's just sentimental stuff What are my options?
A:
First, if your mom was survived by a husband and a son, and died without a will, there is a good chance that her truck and personal belongings passed intestate to her husband and not you. But if her belongings were her separate property acquired before marriage or by gift, you might have some claim to at least some of that property as her separate property.
Second, if your stepdad gave a power of attorney to a friend and then died, that power of attorney is no longer effective.
Third, if stepdad died without a will, all of his property passes to his children or issue, if any, and not you.
You have a difficult case to prove. Oral promises made by mom don’t count.
Your story points out the need for proper estate planning. At least a simple statutory will which you can find on the internet or a holographic will.
If you really want to prove your rights to your mom’s property, you will need the help of a probate attorney. There’s really nothing you can do by yourself except your power of persuasion.
Tim Akpinar agrees with this answer
A: You might find this website helpful. https://www.dmv.ca.gov/portal/dmv/detail/vr/checklists/probate
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