Legal Question in Wills and Trusts in California
probate details?
My brother died 7-16-07 leaving no will or other indication of his wishes. I have Power of attorney for financial and health issues. My name is on a form for his checking account and on a form for one stock trading company. He started investing in another company some months ago without my name on any form of the company. He has reverse mortgage on his fully paid for townhouse. He did not inform me of that action and I have only found one statement from the company.What to do and where to start? The estate is worth more than $100,000.
4 Answers from Attorneys
Re: probate details?
Generally speaking powers of attorney end at death. However, the health care power may give you authority to deal with his final wishes? The assets with your name on them are presumably yours. The other assets, including the house, will require a full probate. I recommend filing ASAP as the sooner you file the sooner you finish! It takes 7 months minimum to complete a probate. I recommend you hire an attorney who does a lot of probate. Attorneys like us know all the ins and outs which help keep a probate to the minimum amount of time. Attorneys that just dabble in probate can extend your probate by not meeting deadlines properly. I perform probates throughout California. A case like yours does not require a local attorney as no personal appearances will be required; and at worst case we would "appear" by phone (via Court Call). Please call me as it would be my pleasure to explain in detail how the probate process works.
Re: probate details?
First, I am very sorry to hear about your loss.
As to your question, you correctly surmise that probate is probably the correct next course of action. The best thing to do is retain counsel in the county in which he resided to assist in the probate process.
I wish you the best of luck.
Sincerely,
Kai H. Wessels
Re: probate details?
The estate has to be probated. You will need to file for letters of administration. Get a probate lawyer.
Re: probate details?
Our firm specializes in trusts and estates, I believe we can assist you for a minimal charge.
Please feel free to contact me at the number and/or email provided by LawGuru, we offer free consultations, so it can't hurt to have us review whatever you have. Additionally, you can learn a little more about our firm as well as some very useful information regarding trusts, wills and probate on our firm's website, No-Probate.com.
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