Legal Question in Administrative Law in California

My husband's mother died 10 years ago. She had Alzheimer's 10 years prior to that. At the beginning, she signed a power of attorney so my husband could take care of her bills and such. In the last few years we have been getting small checks of around $15.00 a year addressed to her in care of my husband. They are from an oil well she had a share or what ever it is called. For years it never produced anything. We never heard from them. We forgot about them. How can we put it all in his name. Or what should we do. I think we still have the power of attorney letter. Should we just mail them a copy and change it.


Asked on 3/29/10, 10:10 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Powers of attorney, at least those of the kind your husband probably held, expire upon the death of the principal. The disposition of the working interest in the oil well or oilfield should be handled as a probate matter. The person who is or was the executor or administrator should write to the transfer agent for the issuer of the security, enclosing copies of the death certificate and evidence of appointment as personal representative. There is an attorney "CJN" on Main St. in your town who would be qualified to assist with any problems you encounter.

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Answered on 4/03/10, 10:55 am
James Goff James R. Goff, Attorney at Law

Mr. Whipple is correct regarding the power of attorney issue. However, more information is necessary to reply to the issue of transfer of title. Did your husband's mother die without a will? Is he the only heir to her estate? Assuming that the oil interest is not a large asset and your husband is the only heir, there is a procedure for tranfering title in California to a sole surviving heir. You can contact the party who holds title with a certified copy of the death certificate and ask for transfer of title to your husband. They should be able to tell you what additional evidence would be necessary for the transfer. Probate is typically expensive and not a satisfactory source for relief. If an estate is large and complex it might be necessary, but otherwise shorter avenues are available. You can also contact an attorney who specializes in probate for additional assistance. Additionally, the State Controller maintains a web site that lists assets that are unclaimed. You might want to check this source to see if checks to the deceased have been sent to the controller. The site provides information on how to claim assets of the deceased. Good luck.

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Answered on 4/03/10, 12:05 pm


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