Legal Question in Family Law in California

My biological dad has been legally seperated from his wife (not my mother)for 10-12 years with a court decree stating it. my dad recently passed away on february 24, 2011 leaving no will. i did have power of attorney at the time of his death. i think that is null and void now. does is "legally seperated" wife have any rights? what do i do first? we all live in california.

thank you

amanda


Asked on 3/13/11, 1:23 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

Depends on the size of your father's estate. Your power of attorney expired with his death. If there is a will it needs to be filed in probate court an executor would be named in will. If he died without a will that is called intestate and you and ex-wife are potential heirs. You need to consult with an attorney who handles probate matters if there is an estate that needs to be divided.

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Answered on 3/13/11, 6:39 pm


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