Legal Question in Wills and Trusts in Ohio

My wife is dying from cancer. She does not have a will and I am her beneficiary on her life insurance. Our house is in both our names, but I am curious, do I need a POA if I sell her car after her death?


Asked on 9/12/10, 10:45 am

2 Answers from Attorneys

Daniel Zigray The Zigray Law Office, LLC

If you are going to sell anything belonging to your wife using a valid power of attorney, you will have to do it before she dies as the power of attorney is extinguished at ther death.

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Answered on 9/17/10, 11:04 am
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

A surviving spouse is entitled to receive one or two automobiles after death. You can have the automobile transferred to your name by affidavit (a form you can get at the BMV or online) and then selling it.

A power of attorney does not work after death.

Also I would check your deed and make sure that it says joint with right of surivorship in the deed. Just because both names are on the deed does not mean that it will pass automaticially to the survivor.

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Answered on 9/17/10, 11:47 am


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