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Tractor Talk Discussion Board

OT - Power of attorney


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Posted by don t. - 9n180179 on August 18, 2012 at 12:50:58 from (75.205.239.61):

I will try to keep this as short as possible.
I will be contacting my attorney on Monday.
Just looking for some info, other questions for the lawyer.

My ma has been accepted for Hopsice care as of 2 pm today(08/18/12). Everthing is in a trust with the exception of her 97 Blazer. The Blazer is in her and my name only.

I had a need for a rental car. Talked to my bro (who is executor of the estate), who allowed me to drive the car for the time I needed. For the 2 days I used the car, I noticed front end issues and it needed an oil change. Took car to a trusted mechanic. Front end problems are due to upper & lower ball joints (original 150K miles). Said not to drive car. Drove car home w/o issue and has been parked in my garage ever since.

My bro and I are of different opinions.
Mine...If the ball joints fail, collision occurs, while the car has full coverage insurance thru my ma, I could still be held liable for any damages that exceed the insurance policy.
His...car has full coverage, and I should not worry.
Mine....car will not leave my land until the title has been changed to the new owner(I have no desire for the car, executor bro wants it), and since he is POA, and since ma is not capable of making decisions, he has legal power to sign her name on the title.
His...he does not have the legal right to sign her name on the title w/o a death certificate.

In the mean time, we both have agreed to leave it where it is until we talk to more that know.

Thanks for your help,
....don t. .....


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