What to do if my aunt went to my grandfather’s house while on his death bed and had him sign over 2 car titles to her that she has no intention of paying back?

This was executed on 4 days ago and he died 3 days ago. The hospice nurse said that he was not of sound mind over the last 3 or 4 days. Can the cars be taken back by the power of attorney?

Asked on October 10, 2014 under Estate Planning, Oklahoma

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

No, not through nothing more than a power of attorney.  A POA is worthless after death.  You would have to go to court and get a court order to reverse the title transfers.  The executor of your grandfather's will should probably be the one to pursue this, to recover the cars for the estate.  Another alternative, if all the heirs were to agree and there is money in the estate, would be to have the aunt buy the cars by giving the other heirs money from the estate off the top to make up for the value of the cars.


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