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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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i am selling a boat that is under my father in law name but

Customer Question

i am selling a boat that is under my father in law name but he deceased. Who can sign the power of attorney form because i have to go to the bank with my buyer to sign the paper work.
Submitted: 8 years ago.
Category: Legal
Expert:  Dave Kennett replied 8 years ago.

DearCustomer- You cannot obtain a POA for a deceased person. The boat will have to be sold through the estate of your father in law. If there was no estate opened when he died someone will have to open one. The boat will pass according to his will or, if he died intestate it will go according to state law.

 

Dave Kennett

Dave Kennett and 3 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
what do you mean "estate"? is that like a boat dealer?
Expert:  Dave Kennett replied 8 years ago.

No - it means that when someone dies their property goes into their estate and is distributed according to their will. If they don't have a will then the property goes according to state laws on intestate succession. You are not going to be able to sell the boat until it goes through the probate process.

 

Dave

Customer: replied 8 years ago.

but if i sell it for cash and no need to go through the bank, will i still need poa?

Expert:  Dave Kennett replied 8 years ago.

The problem is how to get the title transfered. You can sell it for cash but the new owner will still have a title in your father in law's name.

 

Dave

Customer: replied 8 years ago.
nys dmv have a form for that. i will have to get the form from dmv and fill it out.
Expert:  Dave Kennett replied 8 years ago.
Yes but I still can't see how you are going to get a POA if your father in law is deceased. He would have to sign the POA.
Customer: replied 8 years ago.

ic, i will have to contact dmv to make sure if they need POA for tranfering a title.

Expert:  Dave Kennett replied 8 years ago.
That would be a good idea - Dave