Legal Question in Credit and Debt Law in California

How to get my mom's alimony paid before federal taxes after a death? (no will)

MY father died with multiple debts. This includes back taxes. He also never paid alimony to my mother. He has about 25k in the bank but owes much more than that. My brother has power of attorney. Is it possible to pay my mom alimony with the money my dad has left in the bank? It seems fair that my mom should get paid her alimony (being his ex wife) before his other creditors. Is there a way for my brother to pay her legally before the other creditors? We live in California. Thanks


Asked on 10/02/11, 12:31 am

2 Answer from Attorneys
Tony Carballo Carballo Law Offices

Technically a power of attorney is not valid after the death of the person giving the power of attorney. There is a summary probate procedure (that is very simple) that the heirs have to follow to get the money in the account and then give it to your mother. You need to see a probate lawyer.

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Answered on 10/02/11, 8:30 am


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