Ok heres the deal . I have a 05 Yukon that was left to me after my Dad passed away. I been trying the last 7 weeks now to get this vehicles registration done. They won’t let me get the tags for the Yukon because it under my dads name. I have a copy of my dads will and everything where is states the vehicle was left to me. Because I was not the power of attorney of my dads estate, there saying I have to have the power of attorney sign a piece of paper saying this vehicle indeed was left to me by my father . And my aunt (the power of attorney) wont sign this page because of a piece of land that was left to me by my father that she wanted. I’m doing everything I can to try to get the vehicles registration done. I have had a lawyer on this for some time now and hes just not getting anywhere. I am just curious to see if anyone else has dealt with a situation like this? I cant switch lawyers, and I cant get rid of the land, so those options are out!
2007-10-19 07:45:24 · 9 answers · asked by skipper_miller 2 in Politics & Government ➔ Law & Ethics
Your attorney needs to bring a motion in the probate court to compel the executrix to carry out the mandate of the will, or, if she will not, to remove her as executrix and substitute the public administrator in her place. This typically also results in her forfeiture of her commissions as executrix, which automatically triggers her surety bond. All big hairy mess, I sympathize with you. Your aunt is trying to steal from the dead, which makes her lower than whale turds on the bottom of the ocean.
2007-10-19 07:49:55 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I'm sorry 4 u;r loss.
POA's are null & void upon the death. Dunno why a court would ask 4 a POA --- this is standard globally!!!
You may be having a problem with the Last Will & Testament designating a "Trustee" or "Administrator" other than yourself. Another common problem is the filing of the will with the county clerk. Usually, the court & vehical reg. are in the same building. Try going to the estate probate of the court and ask for help on how to register the car into your name.
You can go to small claims court and sue the "Trustee" of the "Estate" ... yeah like in Judge Judy ... NOT ... well, a small claims court anyways. Don't forget to add in the cost of your time & any other costs (gas, parking tickets, ect).
2007-10-19 07:52:07 · answer #2 · answered by Giggly Giraffe 7 · 1⤊ 0⤋
You can't afford a different lawyer is that what you are saying....your aunt, if your account is accurate, is violating her feduciary responsibilities of her power of attorney, take the will to the cops, (where your aunt lives) and they should be able to get the title.....from her, then you don't need her signature, dad left you a bit of a mess and your aunts a bit of a *****.....sorry bout that and good luck.
2007-10-19 07:51:59 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Lawyer sucks. All he needs is an order from the probate court that the executor of the estate transfer the property to you as per the conditions of the will. Basic.
2007-10-19 07:50:38 · answer #4 · answered by wizjp 7 · 1⤊ 0⤋
This action of your aunt as fiduciary, as you described it, is misconduct. She needs to be removed, and it isn't difficult to do. If your lawyer doesn't seem to know that, get another lawyer.
2007-10-19 07:50:38 · answer #5 · answered by open4one 7 · 1⤊ 0⤋
The Unfair Babby punishing God ?heard this story elsewhere lol i wanna different Cookie
2016-05-23 18:52:11 · answer #6 · answered by ? 3 · 0⤊ 0⤋
Cybersharque is 100% correct.
2007-10-19 07:50:01 · answer #7 · answered by Anonymous · 1⤊ 0⤋
this is not about a POA at all the POA CEASES TO EXIST AFTER DEATH THIS IS TO DO WITH PROBATE AND YOUR AUNT IS BOUND BY LAW TO FOLLOW THE RULES REGARDING PROBATE REPORT HER TO THE POLICE IS THE EASIEST METHOD TO RESOLVE THIS SITUATION
2007-10-19 07:57:12 · answer #8 · answered by Anonymous · 0⤊ 0⤋
woah, i say switch lawyers anyway. maybe give ur aubnt the land?
2007-10-19 07:48:57 · answer #9 · answered by i 3 · 0⤊ 1⤋