How do you get power of attorney when a person has passed away?

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How do you get power of attorney when a person has passed away?

My husband’s father bought him a motorcycle and it is titled in his father’s name who has passed away. We have tried to make payments on the bike but they will not let us they want power of attorney. How do you do that when there is no estate. My husband does not want to loose this bike but it has now gone to the REPO company

Asked on October 10, 2012 under Estate Planning, Georgia

Answers:

David Axinn / David M Axinn

Answered 9 years ago | Contributor

A power of attorney only has meaning during a person's lifetime. If someone has passed, he can appoint someone as executor of his will, or the next of kin could become administrator. If no one has administered his estate, and this is the only asset involved, there are simplified procedures for transferring the title.

You will still need to negotiate something with the lender: they are not required to continue to accept payments, but could demand immediate payment of the balance due.

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

You cannot get a power of attorney after someone has passed away.  Most states have special laws that permit transferring something like a motor vehicle with little difficulty.  See a probate attorney about this.

Even if you can transfer title to the bike with little difficulty, the lender does not have to let you take over the loan.  They can still repossess the bike.


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