Legal Question in Wills and Trusts in Arizona

Re: Class Action Suit in favor of deceased

If you used the power of attorney with the financial institution, they probably required a copy for their files. Check that out.

You probably illegally used the power of attorney if you used it after his death. But perhaps no harm, no foul if the persons entitled got the property.

I take it that you would have a claim under the class action for his account activity before his death, therefore you were acting not as executor, but under the power of attorney at the time. An Affidavit of Collection now, if the estate remaining is less than $50,000 would be sufficient. You can delegate another family member to do that for you, and they are then enpowered.

It might not be worth it for the recovery if you have to use an attorney.

Good luck.

Re: Class Action Suit in favor of deceased

The POA ceased to exist upon your father's death, and is therefore irrelevant. You cannot have POA for a deceased person.

If the value of your father's personal property was under $50,000 and the value of his real estate was under $75,000, at the time of his death, then you can sign an "Affidavit for Collection of Personal Property" and use that document to act on behalf of your father's estate.

If your father's assets were greater than described above, then your only hope is to become appointed Personal Representative (what Arizona calls an Executor) by the court. This means that you have to open a probate case.

Frequently, very large class action suits don't pay out very much, and the cost of opening the probate might not be worth the effort.