Rush, CO Estate Planning Law Firms & Lawyers

Power of attorney does not authorize someone to distribute under a will. If the will were probated under State law you had to be notified. If the estate had a small value, it may have been done under a small estate process. After 12 years you may have forfeited rights to any claim so your first place to start is with your sister and ask her what happened and what the process was that she followed.

For a vehicle not titled in your name, a person must have the permission of the owner to drive it, particularly for insurance coverage/liability issues. Without you being the attorney-in-fact for your mother (under a power of attorney), you most certainly would have no legal authority to sell the vehicle or put it in your name unless your mother provided a bill of sale (even if she was gifting it to you). Since your mom is living, whether she has a Will or not at this point has no bearing on your question. Your mother would need to also sign the title over to you as part of any gifting documentation for you to put the truck in your name and get your own insurance. However, with your mother experiencing "a major stroke" there is a question of her competency/mental capacity to legally/competently sign the title over to you (depending on the stroke's impacts, physical, mental, etc.).

FOR WEST VIRGINIA ONLY: One of the decedent's children should start the administration of the estate at the probate office at the local county commission and become Administrator of the Estate in the county where the decedent died. The Affidavit of Heirs will place the title to the real estate in the ownership of the heirs. Later you can have a deed made if you desire.