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just_wondering

@centurytel.net

TOD

If there is a automobile and it has been made TOD to a person (not the spouse) just a companion for years. And the person gets sick, his family sell the car days before he dies. Does the one that it was made TOD have any rights at all?

Thanks



McSummation
Mmmm, Zeebas Are Tastee.
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join:2003-08-13
Fort Worth, TX
kudos:2

If "TOD" means "Transfer On Death", then "no".

BTW, you used one too many acronyms and one to many "person" for me to ensure I answered this correctly. Next time, say "person a" and "person b".



Mickeyme3
You might be right, but, I don't care
Premium
join:2008-09-05
Carson City, NV

4 edits
reply to just_wondering

I would think that if the dieing party didn't approve the sale then, yes.

Call a lawyer.

A TOD is a will in most states.
If the person it was intended for has paperwork stating he/she was to get the car, then the family will most likely have to hand over the money from the sale, as the car is gone.

Call a lawyer.



r81984
Fair and Balanced
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Katy, TX
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1 edit
reply to just_wondering

said by just_wondering :

If there is a automobile and it has been made TOD to a person (not the spouse) just a companion for years. And the person gets sick, his family sell the car days before he dies. Does the one that it was made TOD have any rights at all?

Thanks
If they sold someone else's car without power of attorney then they committed fraud, especially if they forged his signature on the transfer of title.

It's like when people sell the brooklyn bridge. You can do it, but it is fraud.

If it was fraud then the car was not legally sold and then if you had rights to it at death then it is your car.
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Mickeyme3
You might be right, but, I don't care
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join:2008-09-05
Carson City, NV

1 edit
reply to just_wondering

Power of Attorney is only effective if the dieing party had the document notorized.
But, I doubt that POA can stop a TOD.

Call a lawyer



r81984
Fair and Balanced
Premium
join:2001-11-14
Katy, TX
Reviews:
·row44

If they had power of attorney they could have legally sold the car before the person died.
They also could have legally changed the TOD or will.

If they did not have power of attorney then selling the car was fraud and the beneficiary in the TOD is now the legal owner of the car.

If you know the person who died did not sell the car or sign anything then go to the police and file a report of theft/fraud. Then go to who they sold the car and explain the situation to them and tell them they need to go back to the people who illegally sold the car and get their money back. Then go the the people who committed fraud and tell them you want your car or they will be hearing from your lawyer.
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For those of you playing a drinking game.... MY FRIENDS!



Mickeyme3
You might be right, but, I don't care
Premium
join:2008-09-05
Carson City, NV

1 edit

Read #3

»www.scselfservice.org/probate/fi···atty.htm

and then

»www.legalzoom.com/power-of-attor···ney.html

There are hundreds of pages on this,
"power of attorney change a will"

Now being the car was TOD, no one can change that except the owner.



r81984
Fair and Balanced
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Katy, TX
Reviews:
·row44

said by Mickeyme3:

Read #3

»www.scselfservice.org/probate/fi···atty.htm

and then

»www.legalzoom.com/power-of-attor···ney.html

There are hundreds of pages on this,
"power of attorney change a will"

Now being the car was TOD, no one can change that except the owner.
If the family did not have power of attorney and sold the OPs companions car then they committed fraud.
--
For those of you playing a drinking game.... MY FRIENDS!


Mickeyme3
You might be right, but, I don't care
Premium
join:2008-09-05
Carson City, NV

If the deceased put in writting that the person in question was to get the car, they committed fraud.
A TOD in writting can not be overwritten by anyone with power of attorney.

The OP needs to take this matter up with a estate lawyer.



r81984
Fair and Balanced
Premium
join:2001-11-14
Katy, TX

They sold the deceased person car before he died.
If they did not have power of attorney then they did not legally sell the car which is the fraud in this situation.
--
For those of you playing a drinking game.... MY FRIENDS!



Mickeyme3
You might be right, but, I don't care
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join:2008-09-05
Carson City, NV

1 edit
reply to just_wondering

If the car was legally TODed and the dying person didn't recind the TOD in writing, the POA people can not sell the car, weather he was alive or dead.
If someone with POA can change other peoples wills wouldn't there be millions of cases where the POA person would change the dying persons will and have everything go to them instead of who the dying person wanted it to go to?

They can not change his wishs as a TOD is a will.
A TOD is something that was put in writting.
Just wanting it to go to someone and not having it put in black and white is not a TOD is is just the person wishs.
OP says it was TODed so it must have been in writting.



Mickeyme3
You might be right, but, I don't care
Premium
join:2008-09-05
Carson City, NV
reply to r81984

I think we are saying the same thing just in different ways.