Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My father gave me power of attorney on October 14, 2009 for…

Customer Question
My father gave me power...
My father gave me power of attorney on October 14, 2009 for his 1998 Ford Lincoln and car title. I signed the car title to me for ownership on October 14, 2009 to me, but never register it in our home town memphis Tn. He died Jan.4, 2012. My brother went to registration office in memphis with my father death certificated and an affidavit of inheritance document and recieved car tags and title for my father vehicle. The affidavit was that he presented was not signed by all my father children. My father has 9 children and the affidavit had only two name which are not my father children. I filed a law civil against my brother for falsified documents in general sessions court and subpoena the registration document from Shebly County Clerk Office. We went to court on Feb. 23 and my brother did not show his lawyer did and his trying to have the case move to probate court for my father ecstate. I have my father car hide because my brother trepassed onto my property with a locksmith to make key for my father car. He called the police to try to get them to give him the car, but I showed them my power of attorney and car title with my name signed on both and they refused him the car. He stole my father tags off his car and replace his tags for I came home for work beacuse my son heard the car alarm and called me. The brother still have my father old car tags. I need to know what's my rights to me father car and what step do I need to do to get my father car back. My father lived with me for 15 years before he died and had no will.
Submitted: 6 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 19 minutes by:
2/25/2012
Estate Lawyer: David L, Attorney replied 6 years ago
David L
David L, Attorney
Category: Estate Law
Satisfied Customers: 3,255
Experience: Estate planning and probate attorney since 1997
Verified
Hello. The other attorney is probably correct that your case belongs in probate, so most likely the judge will transfer it there. The probate judge can review your power of attorney and determine who actually should now own the car. The fact that your brother falsified the affidavit is obviously not a good thing. The car should either go to you or be part of the estate. That would be a question for the judge to decide based on all the evidence.
Ask Your Own Estate Law Question
Customer reply replied 6 years ago
The information you gave me ,I already knew that. I thought you would give me information on how to handle my case and what steps i need to take to solve my problems/
Estate Lawyer: Dwayne B., Attorney replied 6 years ago
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,389
Experience: Estate Law Expert
Verified
You will have to file a claim for the car in the probate court because anything to do with it will be a part of that proceeding. However, your chances of winning are extremely low because you cannot use a Power of Attorney to "self deal". "Self dealing" is when you somehow enrich yourself through the use of the POA.

While your brother was wrong to get the title transferred as he did, the court will just nullify that transaction and the car then goes back to the estate. You can file your claim with the estate and when the court voids the transaction that your brother did the court will then look to your transaction. If your brother's attorney argues it correctly the court will void that transaction as well and the car will then be handled through probate.

I understand that you may not like this answer, and I am sorry that I couldn't give you one that was favorable, but it is the correct answer and you can now take action accordingly.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Ask Your Own Estate Law Question
Customer reply replied 6 years ago
Can I file charges against my brother for his action
Estate Lawyer: Dwayne B., Attorney replied 6 years ago
You can TRY to file charges. Charges are actually filed by the police and the DA but you can certainly file a complaint and ask them to file charges.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,389
Experience: Estate Law Expert
Verified
Dwayne B. and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Estate Law Expert

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
My dad passed and my sister wont let me see the will, bank
My dad passed and my sister wont let me see the will, bank accounts, deed, and titles. I am the oldest son. What are my rights. She is living in the house that was left to both of us and there are ant… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Can you tell me anything about the fee schedules in Massachusetts
Can you tell me anything about the fee schedules in Massachusetts for administering a trust? The will was set up by my great aunt as a trust to care for my mother. It is being handled by a law firm an… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How does an Executor obtain financial records and or an
How does an Executor obtain financial records and or an asset list from the financial POA? If the POA is withholding information or records can the Executor ask the Court to order the POA to comply? I… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am the executor of my husband's estate & need to probate
I am the executor of my husband's estate & need to probate his will to avoid foreclosure on my home. The house & property are in my name - the mortgage is in his name. His will & death certificate are… read more
Jessica B
Jessica B
Juris Doctor
1,270 satisfied customers
Estate (probate) - I am the administer of my mother's
Estate (probate) - I am the administer of my mother's estate, no will, 2 children (adults). 2 houses. son (he has no children) owes irs > 200k in back taxes and has disclaimed both properties. Ques… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
My sister is POA over our parents estate. My mother passed
My sister is POA over our parents estate. My mother passed away, but our father suffered 2 strokes and has been deemed incompetent. With that said, we are preparing the house to sell. The will says th… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I need help with estate funds and wills/probates. This is in
Little to none, but I do have his personal information, his location, and I am the only living child of his. I have some of his retirement info as well as his death date, city, and social security number. … read more
Sean K
Sean K
Attorney/Member
JD
761 satisfied customers
Under California Estate law, are statutory probate fees
Under California Estate law, are statutory probate fees calculated from the estimated property tax value? Do they include debt? For example, a home valued for property taxes at 310K, appraised by a ce… read more
Jessica B
Jessica B
Juris Doctor
1,270 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE WAS NOT ANSWERING MY QUESTIONS. I SOUGHT ADVICE FROM ANOTHER ATTORNEY WHICH I HAVE DISENGAGED FROM AND NOW THE ESTATE CLAIMS HE NO LONGER REPR… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
In 2013 my parents did estate planning. I was mad POA, sole
In 2013 my parents did estate planning. I was mad POA, sole beneficiary. Their home was set up as Home Trust, banking account set up as Revocable Trust, with myself as trustee. Both parents passed awa… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
Juris Doctor
1,270 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
We are trying to collect my deceased brothers' belongings
We are trying to collect my deceased brothers' belongings from his girlfriend (California). She is refusing to give them to us and is saying that their I fact baby is the legal next of kin and that sh… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,841 satisfied customers
My mother passed away a month ago. She left an IRA which she
My mother passed away a month ago. She left an IRA which she got as a divorce settlement this past October with 4 named beneficiaries. My sister is the executor of her estate and is worried about havi… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
Hi Robert, I have another matter in which I would like your
Hi Robert, I have another matter in which I would like your help with. Sadly, my uncle, murdered my aunt, his sister. Her estate was split amongst family. The administrator of the will is holding my u… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
My brother has been appointed Power of Attorney (by my mother,
My brother has been appointed Power of Attorney (by my mother, who is ailing/invalid). I am his older brother and have been provided little information by my brother as to what actions he has or has n… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x