Legal Question in Wills and Trusts in Arizona
estate
My father passed away last week and had no will. How can I get power of attorney or legal authority to handle his estate issues?
3 Answers from Attorneys
Re: estate
You cannot get Power of attorney, so to get legal authority to handle his estate, you must petition the court for probate of his estate and to appoint you as Personal Representative (the new term for executor)of the estate. Since there is no Will, you would probate and "intestate" estate and the heirs would be determined by state law.
Re: estate
A power of attorney is only valid during the grantor's lifetime and can only be granted by a person who is mentally competent. Since your father is already deceased, a power of attorney is not possible. You will need to petition the court to open an intestate (no will) probate estate and appoint a personal representative to administer the estate according to Arizona law. If you have further questions you may contact me by email or phone.
Re: estate
The answer depends upon the size of your father's estate. There are relatively informal procdedures if his estate is under $20,000. Beyond that amount the procedures get more complicated and most people will need an attorney. Call me or re-post your question stating the size of your father's estate.