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I have power of attorney for my daughter who recently passed away. She has no estate or assets and no benficiary for the car that needs to be sold. Can I sign my name on the title in TX as power of attorney and sell the automobile?
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Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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No, you cannot. Because your daughter did not own much, you will need to file a small estate affidavit in the county where your daughter lived. In Texas, if a person dies with less than $50,000 worth of assets, their family can file for a small estate administration, which is an alternative to probate. This is for people who died without a will, and if your daughter did not have one, you may be eligible to do this. For more information, please see here: http://www.nolo.com/legal-encyclopedia/texas-probate-shortcuts-32076.html
Answered on Nov 11th, 2013 at 10:12 PM