Car title problem

[Cappy58]

My father died a little over a year ago and my younger brother has power of attorney. He and I verbally agreed with my mother as witness that I would buy my fathers 2000 Cadillac Deville for $2000. I paid him with two money orders ($1000 each) for a total of $2000 and I have the money order reciepts but we had a falling out and he refuses to answer my calls or emails and will not send me the title to the car. I have had the car in my possession now for over a year and have it insured in my name. I have spent over $1900 in repairs on the car for which I have all the receipts. Right now the car is in need of major repairs and I am not comfortable having the repairs done and spending any more money on the car til I have a title for it. How can i get the title? do I qualify for filing a mechanics or storage lien? Will this get me a title? Or is there any other ways to get the title? I am at a loss so any help is appreciated. Thanks in advance for any responses.

 

[army judge]

My father died a little over a year ago and my younger brother has power of attorney. He and I verbally agreed with my mother as witness that I would buy my fathers 2000 Cadillac Deville for $2000. I paid him with two money orders ($1000 each) for a total of $2000 and I have the money order reciepts but we had a falling out and he refuses to answer my calls or emails and will not send me the title to the car. I have had the car in my possession now for over a year and have it insured in my name. I have spent over $1900 in repairs on the car for which I have all the receipts. Right now the car is in need of major repairs and I am not comfortable having the repairs done and spending any more money on the car til I have a title for it. How can i get the title? do I qualify for filing a mechanics or storage lien? Will this get me a title? Or is there any other ways to get the title? I am at a loss so any help is appreciated. Thanks in advance for any responses.

First, please accept my belated condolences upon the passing of your father.

A power of attorney is valid as long as the person issuing said POA is alive.

The power of attorney held for your dad by your brother was invalidated upon the passing of your dad.

Essentially, your brother had no legal ability to sell you your father's car.

The car could have become part of your father's estate upon his passing.

If the car was owned by your mother and your father, legally the car became hers upon your dad's demise.

I suggest you have a chat with mom.

You need to know how the car was titled.

If it was titled in both names, mom can transfer you ownership of the car.

However, there looms the matter of the $2,000.

You brother might have defrauded you.

 

[Cappy58]

TYVM My mother and father were divorced so she has no claim or power over the car. My brother has power of attorney over the estate(executer of will) which includes the car and other possessions that belonged to my father. His will was never found. Myself and my two sisters signed a document from his lawer giving him control(executer rights) to handle all my fathers finacial and estate matters after his death.

 

[army judge]

TYVM My mother and father were divorced so she has no claim or power over the car. My brother has power of attorney over the estate(executer of will) which includes the car and other possessions that belonged to my father. His will was never found. Myself and my two sisters signed a document from his lawer giving him control(executer rights) to handle all my fathers finacial and estate matters after his death.

If there was no will, there would be no need to have an executor.

The POA your brother had, assuming he had a POA, extinguished upon your father's demise.

If the estate wasn't that large, there would have been no need to probate anything.

How your brother sold you a car you owned a 1/3 interest in, is also odd.

Upon your dad's passing intestate, you, sis, and bro all owned a 1/3 share of everything.

As far as the car was concerned, if it was worth $2,000; $666 was your interest in the car.

If you wanted to own the car outright, it should have been done by you paying $666 to him and $666 to sis.

His (brother's) POA having been extinguished by dad's demise, he is legally unable to sign dad's title over to you. Either the DMV can effect that (in some states by operation of statute), or a court order would have been required via an expedited probate procedure.

As far as dad's personal effects, normally each takes what they desire, avoiding probate for small estates.

Examples being, dad's bible, his clothing, his tools, his scrapbook, photos, etc...

You and sis might want to discuss what you want to do about your scheming brother. It appears, bro cheated you both.

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